Terms of Use

Introduction

The websites ActivateInstruction.com and ActivateInstruction.org (the Site") is owned and managed by Activate Instruction (“ACTIVATE”) as an open system to benefit teachers, students and parent. ACTIVATE agrees to provide services and materials on this Site pursuant to the Terms of Service set forth below. If you click on "I AGREE" you elect to use, access or rely on the services and materials on this Site, you agree to do so according to these Terms. ACTIVATE may amend or modify these Terms by posting an update to this Site, and you agree to accept the new Terms by using or relying on our services and materials after such notice. You should take the time to read through these Terms, and if you have any questions, please contact us at the address listed at the end.

I. INTELLECTUAL PROPERTY (Limit on License, Copyright, Trademark, DMCA)

The Site contains material that is protected by national and international trademark, service mark, copyright, patent, and other intellectual property laws. To the full extent provided under the United States Copyright Act and all national and international copyright laws, ACTIVATE, its licensors and suppliers, and other entities whose content is displayed on this site own all copyright rights in the text, images, graphics, user interface, and other content provided on this site, other than content used pursuant to the doctrine of fair use, and the selection, coordination, and arrangement of such content. Except as expressly provided herein, nothing stated or implied on this site confers on you any license or right under any copyright of ACTIVATE or any third party, and except as expressly provided herein you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any material from this site including code and software. However, you may print pages from this site solely for individual, noncommercial use, provided that all users of these pages keep intact all copyright and other proprietary notices and provided that all use of such pages for any purpose terminates after your individual, noncommercial use is completed.

The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of ACTIVATE, ACTIVATE’s licensors and suppliers, and others. Activate Instruction and Activate Instruction, A Free Tool To Personalize Learning are trademarks of ACTIVATE ("Trademarks"). The Trademarks owned by ACTIVATE, whether registered or unregistered, may not be used in connection with any product or service that is not ACTIVATE’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages ACTIVATE. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of ACTIVATE, ACTIVATE's licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and ACTIVATE will enforce its intellectual property rights in its Trademarks, including via civil proceedings.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by ACTIVATE infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow ACTIVATE to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send ACTIVATE a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to the address set forth below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. Please note that ACTIVATE may terminate any user who it reasonably believes to be a repeat copyright infringer.

II. YOUR ACCOUNT

When and if you register with the Site, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Site.

As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

III. PRIVACY POLICY

The Site is owned and managed by ACTIVATE. This Privacy Policy (this “Policy”) explains how we collect, protect, use, and share information obtained through this Site.

By using this Site, you agree to the terms and conditions of this Policy. ACTIVATE may amend or modify this Policy by posting an update to this Site, and you agree to accept the new Policy by using or relying on our services and materials after such notice. You should take the time to read through this Policy, and if you have any questions, please contact us at the address listed at the end.

A. Personally Identifiable Information

If you wish to become a Registered User of the site, you must provide us with certain information as part of the registration process. In this Privacy Policy, when we use the term "Personally Identifiable Information", we mean any information that can be used to identify or contact a specific individual. We comply with all relevant laws and regulations regarding the collection of Personally Identifiable Information. When registering a User who is under 13 years of age, we request and collect Personally Identifiable Information from that child only if we receive prior approval from the child's parent or guardian. Registered Users for whom we are permitted to collect Personally Identifiable Information are "PII Users."

We use Personally Identifiable Information to process requests made through this Site, such as registration requests, requests to receive our e-newsletters, and questions or comments submitted through this Site. We also collect and use Personally Identifiable Information when PII Users communicate with ACTIVATE by phone or email to ask questions, request assistance, make suggestions, or apply for employment. We may collect names, contact information (such as addresses, phone numbers, and email addresses), and other information about PII Users who communicate with us, so that we can follow up with them effectively. Communications from you are governed by the Terms of Service. The user name that is assigned to you during the registration process will identify you on the Site in conjunction with content that you submit to the Site, and this information may be viewed by Users. PLEASE NOTE THAT WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS ON THE SITE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.

Personally Identifiable Information and other data that you furnish through the Site may remain in our records even if you are no longer a User and can be used by us in accordance with the Terms and Conditions. We reserve the right, from time to time, to contact current and former Users for various purposes, including without limitation sending updates; surveys; and changes to terms, conditions, and policies.

We may collect certain information automatically when you visit the Site, such as the browser you are using, the Internet address from which you linked to this Site, the operating system of your computer, the unique IP address of the computer you used to access this Site and usage and browsing habits. We use this information to administer and improve your experience on this Site, to help diagnose and troubleshoot potential server malfunctions, and to gather broad demographic information.

To help make sure you receive information that is relevant to you, this Site uses data "cookies." These cookies are small data files stored on your computer that identify you as a previous visitor to the Site and help us to personalize your experience when you arrive. Most web browsers are set to accept cookies. You can instruct your browser not to accept cookies. However, if you disable this function, you will not be able to use some of the features on this Site.

Our Web pages and our e-mail newsletters may contain "web beacons" and other technology that allow us to count users that have visited a web page or opened an email and collect other types of information. Using this information, we are able to measure the effectiveness of our content and how visitors use this Site. This allows us to learn what pages are most attractive to our visitors, which parts of this Site are the most interesting and what kind of offers our visitors like to see. On occasion, we are able to offer certain Users special services offered by third parties that provide us with or other support (“ACTIVATE Partners”). In those cases, the promotions will be communicated to you by ACTIVATE and fulfilled by the ACTIVATE Partner. If you wish to accept any such offer, you may be required to provide Personally Identifiable Information directly to the ACTIVATE Partner as a condition of the offer. ACTIVATE will not have control of any Personally Identifiable Information that you provide to the ACTIVATE Partner when you accept the offer.

We work with third parties who provide services such as data analysis, infrastructure provision, IT services, email delivery services, market research, and other similar services. We may share Personally Identifiable Information about you with these parties solely for the purpose of enabling them to provide these services, but these parties are restricted from using the Personally Identifiable Information for purposes other than providing services for us.

We may use Personally Identifiable Information about you for internal purposes, including without limitation data analysis and audits.

We have implemented software and hardware security measures, such as firewalls, intended to protect your Personally Identifiable Information from unauthorized access. Although we strive to protect your information, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Site. Despite our precautions, no system can completely protect against unauthorized access to your Personally Identifiable Information, and your use of the Site indicates that you are willing to assume this risk. If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us.

Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose your Personally Identifiable Information to others as we believe to be appropriate (a) under applicable law; (b) to comply with legal process (c) to respond to governmental requests; (d) to enforce our Terms of Service; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of ACTIVATE, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose Personally Identifiable Information about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.

B. Non-Personally Identifiable Information

Non-Personally Identifiable Information is aggregated information, demographic information, IP addresses, and other information that does not reveal a person’s specific identity. We may collect Non-Personally Identifiable Information (e.g., interests, geographic location, zip codes, etc.) when you voluntarily provide such information to us, such as through survey responses. Such information constitutes Non-Personally Identifiable Information because, unless combined with your name or other Personally Identifiable Information, it does not personally identify you or any other user.

Additionally, we may aggregate Personally Identifiable Information in a manner such that the end product does not personally identify you or any other user of the Site. For example, we might use Personally Identifiable Information to calculate the percentage of our Users who have a particular zip code. Such aggregate information is considered Non-Personally Identifiable Information for purposes of this Policy. Because Non-Personally Identifiable Information does not personally identify you, we may use or disclose such information for any purpose.

C. Other Sites

This Site contains links to and displays content from third-party websites (“Linked Sites”) not under the control of ACTIVATE, and we are not responsible for the privacy policy or the contents of any such Linked Site or of any site linked directly or indirectly from any Linked Site. We provide such links and display such content only as a convenience, and the inclusion of such link and the display of such content on this Site does not imply our endorsement of the Linked Site or of any site linked directly or indirectly from any Linked Site.

If you provide any Personally Identifiable Information through any Linked Site or any site linked directly or indirectly from any linked site, the Personally Identifiable Information you provide may be collected by, and controlled by the privacy policy of, that third party. We are not responsible for the privacy practices or the content of the Linked Sites or of any site linked directly or indirectly from any Linked Site. We recommend that you familiarize yourself with the privacy policies and practices of any Linked Site and of any site linked directly or indirectly from any Linked Site. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY LINKED SITE OR OF ANY SITE LINKED DIRECTLY OR INDIRECTLY FROM ANY LINKED SITE.

IV. LICENSE

ACTIVATE welcomes and values your contributions to the Site in areas designated for contribution. In such areas, users may post content so long as you adhere to these Terms of Use. By sending or transmitting to us, or posting to the Site, reviews, comments, creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submissions"), you grant us and our designees a worldwide, non-exclusive, licenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, or service mark laws under any relevant jurisdiction. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. You grant ACTIVATE and its licensee and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Service and will not cause injury to any person or entity; and that you will indemnify ACTIVATE for all claims resulting from content you supply. ACTIVATE takes no responsibility and assumes no liability for any content posted by you or any third party. You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and any Submissions that you or other third parties transmit or post on the Site; to alter or remove any such Submissions; to disclose such Submissions and the circumstances surrounding their transmission to any third party; to protect ourselves, our sponsors and our visitors; and to comply with legal obligations or governmental requests.\

V. DISCLAIMERS and RELEASE

ACTIVATE's SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

Specifically and without limitation, ACTIVATE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS AND AGENTS DO NOT WARRANT THE SERVICES ON THIS SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE CONTENT ON THE SITE IS ENTIRELY CORRECT, ACCURATE, UP-TO-DATE, OR RELIABLE; THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK.

Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. The content on this Site should not be construed as professional advice on any subject matter, and availability or use of the content on this Site is not intended to create, and does not create, any professional services relationship. Please note that portions of the content on this Site have been contributed by various individuals. The inclusion of such information does not indicate any approval or endorsement of the views expressed therein. Information provided by individuals, whether publicly posted or privately transmitted, is the sole responsibility of the person providing such information. Please understand that ACTIVATE expressly disclaims any liability with respect to such materials. However, ACTIVATE retains the right, which it may or may not exercise, in its sole discretion, to review third-party material and to edit or delete from the Site any third-party material that ACTIVATE deems to be illegal, offensive, or otherwise inappropriate.

NEITHER ACTIVATE NOR ANY OF OUR AFFILIATES, LICENSORS, SPONSORS, OR AGENTS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, OR ANY LINKED SITE, INCLUDING WITHOUT LIMITATION ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY AUTHORIZED OR UNAUTHORIZED USER, EVEN IF ACTIVATE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS OR LINKED SITE, AS APPLICABLE.

YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO ACTIVATE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.

You agree to indemnify and hold ACTIVATE and its directors, officers, and employees harmless from all claims, demands, and damages (whether actual or consequential), including ACTIVATE's actual attorneys' fees, arising from or related to your use of this site, your violation of these Terms or any applicable laws or regulations, or your violation of any rights of another.

VI. LICENSING AND RESTRICTIONS ON USAGE

ACTIVATE grants you a limited license to access and make personal use of the Site. You may not download (other than page caching) or modify the Site or any portion of the Site. This license does not include, and you agree that you will not conduct, any resale or commercial use of the Site or its contents; any collection and use of any product or title listings, ratings, or descriptions; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.

No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You must retain all copyright and other proprietary notices on downloaded and copied materials from this Site, and any such downloads or copies are subject to these Terms of Use. You may not use any meta tags or any other "hidden text" utilizing ACTIVATE’s name or trademarks without the express written consent of ACTIVATE.

Any unauthorized use automatically terminates any permission or license granted by ACTIVATE. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Site so long as the link does not portray ACTIVATE, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ACTIVATE logo or other proprietary graphic or trademark as part of the link without express written permission. Other than as specifically described above, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost or otherwise use the content of this Site, without prior written authorization from ACTIVATE.

As a condition of your use of this Site, you warrant that you will not use the services or materials on this Site: • for any purpose that is prohibited by any law or regulation or to facilitate the violation of any law or regulation; • for any purpose that is prohibited by these Terms (including but not limited to any use that infringes another's copyright rights); or • in any manner that could damage, disable, overburden, or impair the Site or any user of the Site, or interfere with any other party's use of the Site.

In addition, you will not: • Use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content; • Express or imply that any statements you make are endorsed by us, without our prior written consent; • Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication; • Use any ACTIVATE trademark or any ACTIVATE graphics, logos, page headers, button icons, scripts, or services names; • Remove any copyright, trademark or other proprietary rights notices contained in the Site or the materials on the Site; • Collect or store personal data about other users; • Harass other users; • Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site; • Engage in spamming or flooding; • Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature; • Use or attempt to use any "deep link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool; algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of these webpages, any data or content found on or accessed through these webpages, or any other ACTIVATE information without the prior express written consent of ACTIVATE; • Obtain or attempt to obtain through any means any materials or information on these webpages that have not been intentionally made available either by their display on these pages or through their accessibility by a visible link on these webpages violate any measure employed to limit or prevent access to these web pages or their content; or • Violate the security of these webpages or attempt to gain unauthorized access to these web pages, data, materials, information, computer systems or networks connected to any server of these web pages, through hacking, password mining or any other means interfere or attempt to interfere with the proper working of these webpages or any activities conducted on or through these web pages, including accessing any data, content or other information prior to the time that it is intended to be available to the public on these webpages.

VII. OTHER SITES

This Site contains links to and displays content from third-party websites (“Linked Sites”) not under the control of ACTIVATE, and we are not responsible for the terms of service or the contents of any such Linked Site or of any site linked directly or indirectly from any Linked Site. We provide such links and display such content only as a convenience, and the inclusion of such link and the display of such content on this Site does not imply our endorsement of the Linked Site or of any site linked directly or indirectly from any Linked Site.

VIII. CONTACT INFORMATION AND OTHER MATTERS

We reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. ACTIVATE shall have no liability for termination of this Agreement. Upon termination of this Agreement, your right to use the Site shall immediately cease, and you agree to destroy all materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

This Agreement constitutes the entire agreement between ACTIVATE and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, whether electronic, written, or oral.

This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of courts in Los Angeles County, California in all disputes arising out of or relating to the use of ACTIVATE's services and materials.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

The Site is solely directed to individuals residing in the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of ACTIVATE's services and materials is forbidden in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

Under California Civil Code Section 1789.3, users of this Site in California may raise complaints about this Site with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

If you have any complaints or questions about our Terms of Service, please contact us at

info@illuminateed.com