Last Modified: February 1, 2023
Welcome to explainlearning.com! explainlearning.com is a software application and/or software-as-a-service operated by Explain Learning LLC (referred to herein as “Explain Learning,” “Company,” “we” or “us”) provided through the website explainlearning.com (the software applications, software-as-a-service, and all other services provided through the Website referred to herein as the “Website”). These Terms are entered into by and between you (sometimes referred to herein as the “User”) and Company. Both you and us are sometime referred to herein as the “Parties”, or individually as a “Party”.
Explain Learning provides a software application and/or software-as-a-service through its Website explainlearning.com. This Website is offered and available to individuals 18 years of age or older. This Website may not be used by anyone under 18, except for individuals between the ages of 13 and 17 who meet the following:
By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Your Website account privileges depend upon your consent to honor these responsibilities; we rely on your good faith and judgment. If you choose to provide inaccurate or false information, use poor judgment, or fail to access your account for eighteen (18) months, Explain Learning has the right to discontinue your access to this Website.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
You are responsible for both:
We reserve the right to withdraw, revise and/or update this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
All payments for subscriptions or services are considered final and are not eligible for refund.
Even though there are many benefits to using this Website, as with all electronic communications there are some risks which may include:
WE HAVE NOT UNDERTAKEN AND DO NOT REPRESENT TO UNDERTAKE THAT YOUR ACTIVITIES ON THE WEBSITE ARE IN COMPLIANCE WITH LAW OR REGULATIONS. IT IS THE USER’S OBLIGATION TO BE IN COMPLIANCE WITH LAW AND REGULATION.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY YOU OR YOUR AUTHORIZED USERS AS A CONSEQUENCE OF ANY ILLEGAL DISCLOSURES OF EDUCATIONAL RECORDS, HEALTH INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION OR ANY OTHER REGULATED DATA OR PRIVATE INFORMATION.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not:
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Company name, the words “Explain Learning”, the Company logo, and all related names, logos, product and service names, designs, and slogans used on the Website are trademarks of the Company or its affiliates or licensors (“Company Trademarks”). You must not use Company Trademarks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
The Website may contain functions allowing you to upload your own works of authorship, images, create profiles or pages, and may contain social plugins, embedded comment bars, rating functions, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
Any User Contribution you post to the site will be considered non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third Parties any such material for any purpose/according to your account settings.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third Party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third Party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
If you believe another User or person is violating these Terms, you should report such violation to your school, employer, administration or whatever person or entity authorized/provided you access to Explain Learning. You may also or alternatively report such violation to us by submitting a notice to: email@example.com
If you believe that any User Contributions violate your copyright, please contact our DMCA “designated agent” as listed at our Website or email us at firstname.lastname@example.org and provide us the following information so that we can consider whether to remove the allegedly infringing material from the Website:
It is the policy of the Company to terminate the user accounts of repeat infringers.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third Parties, including materials provided by other Users, bloggers, and third-Party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third Party, for the content or accuracy of any materials provided by any third Parties.
We may update the content on and functionality of this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent, which you may request by emailing email@example.com
This Website may provide certain features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional Terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the Website contains links to other sites and resources provided by third Parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-Party websites linked to this Website, you do so entirely at your own risk and subject to the Terms and conditions of use for such websites.
Explain Learning is a work in progress. These Terms will evolve and change. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them on this Website, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes, even if we don’t send an email or letter about the change to you specifically. You are expected to check this page from time to time/frequently/each time you access this Website so you are aware of any changes, as they are binding on you.
The owner of the Website is based in the State of New Mexico in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. 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.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE PRODUCT OR SERVICE IN THE LAST SIX (6) MONTHS OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
IN ACCORDANCE WITH U.S.C. TITLE 17 512(A), EXPLAIN LEARNING, AS A SERVICE PROVIDER SHALL NOT BE LIABLE FOR MONETARY RELIEF, FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF, FOR INFRINGEMENT OF COPYRIGHT BY REASON OF THE PROVIDER'S TRANSMITTING, ROUTING, OR PROVIDING CONNECTIONS FOR, MATERIAL THROUGH A SYSTEM OR NETWORK CONTROLLED OR OPERATED BY OR FOR THE SERVICE PROVIDER, OR BY REASON OF THE INTERMEDIATE AND TRANSIENT STORAGE OF THAT MATERIAL IN THE COURSE OF SUCH TRANSMITTING, ROUTING, OR PROVIDING CONNECTIONS, IF—
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to: your User Contributions; any use of the Website's content, services, and products other than as expressly authorized in these Terms; and your use of any information obtained from the Website; your use, disclosure, transfer, upload or download of any data, including educational records, health information and/or any personally identifiable information.
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of New Mexico without giving effect to any choice or conflict of law provision or rule (whether of the State of New Mexico or any other jurisdiction).
Explain Learning or Authorized User (the "Notice Party"), as the case may be, shall deliver written notice to the other party (the "Receiving Party"), via certified mail, return receipt requested, of the existence of a Dispute (the "Initial Notice"), as follows:
If to Explain Learning LLC:
2619 Vista Manzano Loop NE
Rio Rancho, NM
2619 Vista Manzano Loop NE
Rio Rancho, NM
If to Authorized User:
At the last known address of record.
The Receiving Party has thirty (30) calendar days following the Notice Party's delivery of such notice to provide a prompt and effective remedy/cure.
If the Dispute has not been resolved within thirty (30) calendar days of the Initial Notice, both the Notice Party and the Receiving Party have two options:
If they agree to mediate, they shall submit the Dispute (the "Mediation Submission") to mediation by an organization or company specializing in providing neutral, third-party mediators. Both the Notice Party and the Receiving Party shall be subject to the following agreed-upon conditions:
(i) The parties agree to participate in the mediation in good faith;
(ii) The parties agree to have present at the mediation one or more individuals with decision-making authority regarding the Dispute;
(iii) Either party may, at its option, be represented by counsel;
(iv) The mediation shall be conducted in English;
(v) The mediation shall be held at a mutually agreed upon venue location in or near Albuquerque, NM, within thirty (30) days of the Mediation Submission, unless the parties mutually agree on a later date or an alternate venue location; and
(vi) The parties shall each bear their own costs and shall each pay one-half of the venue location fee and the mediator's fees and costs, unless the mediator subsequently determines that one party did not participate in the mediation in good faith, in which case that party shall pay all the venue location fee and mediator's fees and costs.
If they do not agree to mediate, or if mediation does not successfully resolve the dispute, the parties shall submit to binding arbitration. Both the Notice Party and the Receiving Party shall work together to select a qualified arbitrator and venue and shall be subject to the following agreed-upon conditions.
Any Dispute or portion thereof that remains unresolved sixty (60) calendar days after a Mediation Submission, either Explain Learning or Authorized User, on Authorized User's own behalf and not as a representative of a purported class, shall submit the Disputes to final and binding arbitration (the "Arbitration Submission") under the commercial rules and regulations of the JAMS/Endispute, subject to the following:
(i) The arbitration shall be conducted by a single arbitrator selected by the parties from a list furnished by the JAMS/Endispute (the "Arbitrator"), provided that in the event of a conflict with the terms of these Mediation/Arbitration Provisions, the terms of these Mediation/Arbitration Provisions shall control. If the parties are unable to agree on such Arbitrator from the list, such Arbitrator shall be appointed by the JAMS/Endispute or in the alternative, each party shall select one arbitrator who, in turn, shall together select the Arbitrator who shall arbitrate the Dispute.
(ii) The Arbitrator shall be required to render a written decision resolving all Disputes with the reasons therefore, and designating one party as the "Prevailing Party" within sixty (60) days from the date of the Arbitration Submission.
(iii) The costs of arbitration, including the venue location fee, Arbitrator's fee and any reporting or other costs, but excluding lawyers', consultants' and witness fees, shall be borne by the non-Prevailing Party unless the Arbitrator subsequently determines as part of his or her award that such allocation is inequitable under the totality of the circumstances.
(iv) The arbitration hearing shall be conducted in English and held at a mutually agreed to venue location in or near Albuquerque, NM, unless Explain Learning and Authorized User mutually agree to an alternate location.
(vi) Any determination by the Arbitrator with respect to any Dispute shall be final and binding on each party. Judgment upon the award of the Arbitrator may be entered in any court having competent jurisdiction thereof.
Authorized User acknowledges that these Mediation/Arbitration Provisions preclude Authorized User from filing an action at law or in equity and from having any Dispute covered by this agreement resolved by a judge or a jury. Authorized User further acknowledges that these Mediation/Arbitration Provisions preclude Authorized User from participating in a class action or class arbitration filed by any other Authorized User or any other plaintiff claiming to represent Authorized User or Authorized User's interest. Authorized User agrees to opt-out of any class action or class arbitration filed against Explain Learning that raises claims covered by these Mediation/Arbitration Provisions, including, but not limited to, class actions or class arbitrations that are currently pending.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal 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 will continue in full force and effect.
This Website is operated by:
Explain Learning LLC
2619 Vista Manzano Loop NE
Rio Rancho, NM
All notices of copyright infringement claims should be sent to the copyright agent designated in Section 14 above and in the manner described in that section.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: firstname.lastname@example.org