Last Modified August 2nd, 2018
These terms of use are entered into by and between You and Beagle Learning, LLC ("Company", "We", or "Us"). The following terms and conditions ("Terms of Use"), govern your access to and use of www.beaglelearning.com including any content, functionality and services offered on or through it and any related mobile application (our "Site"), whether or not as a guest or a registered user. By using the Site, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, and any other policy, documentation, agreement, or direction from Us (each a "Beagle Policy" and collectively the "Beagle Policies"). YOU SHOULD CAREFULLY READ THE BEAGLE POLICIES BEFORE USING THE SITE. BY CLICKING THE ACCEPTANCE BUTTON, INSTALLING THE SITE, AND USING ANY MATERIALS, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND ALL OF THE BEAGLE POLICIES. WE MAY AMEND ANY BEAGLE POLICY PURSUANT TO ITS TERMS.
Beagle provides an online learning platform for educators, post-secondary students, corporations and others ("Authorized Users") that fits how human brains naturally learn - by asking questions, doing research, and building a new understanding based on those findings. The Site provides certain software tools ("Tools") that allow Authorized Users to upload, create, view, and share content on the Site ("User Generated Content"). The Site may contain message boards, chat rooms, personal web pages, profiles, forums, bulletin boards and other interactive features that enable interaction, submission, publication, display, and transmission through the Site ("User Contributions"). An Authorized User’s ability to create, use, maintain, or interact with the User Generated Content, and User Contributions ("Site Content") may be limited. Some Accounts may have limitations on Site Content and some premium features may be reserved to paid user accounts. Any such premium or paid features may have additional eligibility terms or usage requirements. The Site uses natural language processing systems that, together with a cloud-based neural network, quantify and qualify engagement, quality, understanding, focus, and efficacy ("User Metrics"). User Metrics are available for analysis on an individual basis to certain Authorized Users including, without limitation, educators ("Personal Metrics").
The Family Educational Rights and Privacy Act ("FERPA"); Protection of Pupil Rights Amendment ("PPRA"); state and local laws, regulations, and codes; any applicable educator rules and guidelines; and best practices (collectively "Educator Restrictions") govern the use, handling, and disclosure of certain Site Content and Personal Metrics, as well as Personally Identifiable Information and Education Records (each defined in FERPA) (together, the "Restricted Data"). In accordance with Educator Restrictions, You may be required to sign or click your consent and acceptance of these terms, including our handling of Restricted Data ("Informed Consent"), prior to using the Site. All Authorized Users must be compliant with Educator Restrictions and have signed a valid Informed Consent where necessary prior to using the Site. For further information, please refer to Your signed or accepted Informed Consent or contact support@beaglelearning.com. Questions or communication about possession, control, or transfer of an Authorized Users Education Records should be directed to the educator.
The Site is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. Any registration, use, or access to the Site by anyone under 13 years of age is unauthorized, unlicensed, and in violation of the Beagle Policies. Users under 18 years of age must be an emancipated minor or possess legal parental or guardian consent, and must be fully able and competent to enter into the Beagle Policies including all conditions, obligations, affirmations, representations, and warranties of any Beagle Policies. By using this Site, you represent and warrant that you are able to form a binding contract or have permission to do so, with the right and authority to bind you or any applicable entity, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Authorized Users may be given access to certain password protected areas of the Site by registering for an "Account". To create an Account, you may be asked to provide certain registration details including, without limitation, name, postal address, e-mail address, telephone number, and photo or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Beagle Policies, and you consent to all actions We take with respect to your information consistent with Beagle Policies.
You are responsible for maintaining the confidentiality of your password, registration data, and for any and all activity that occurs under your Account. You agree to notify Beagle immediately of any unauthorized use of your password or any other breach of security relating to the Site. 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. You shall not, and shall not attempt to, access any data of another Authorized User if you are not an Authorized User under such Account. You may delete your Account at any time, for any reason, by following the instructions on the Site.
We reserve the right to withdraw or amend the Site or any component of the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Site, or the entire Site, to users, including Authorized Users. You are responsible for:
We have the right to disable any Account, user name, 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 the Beagle Policies.
Beagle grants Authorized Users a limited, non-exclusive, and non-transferable license to use the Tools and Site solely to make and use Site Content. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Tools or any component of the Site. You shall not distribute the Tools or any component of the Site in any manner to any third party. Your rights to use the Tools and Site continue until these Terms are terminated or until your authorized access to the Site is terminated or suspended. Additionally, You represent and warrant that:
Subject to Educator Restrictions, You grant to: (i) Beagle, an irrevocable, transferable, royalty-free, fully paid non-exclusive, worldwide, perpetual license to make, use, reproduce, distribute, publicly display, perform, prepare derivative works of, incorporate into other works, and otherwise use such Site Content; and (ii) other Authorized Users a non-exclusive, worldwide, perpetual license to use your Site Content. Beagle makes no guarantees that the Site Content will be available on the Site for any minimum amount of time. As a creator of Site Content, you may have the ability to remove certain Site Content however, certain users may still be able to access the Site Content and/or individual materials or components from the Site Content. We do not guarantee or warranty that Site Content can be fully removed by any user at any time.
You may be given the option to specify whether Your Site Content will be publicly available, private, or which other Authorized Users and/or groups of Authorized Users will be able to access and use such Site Content. You are solely responsible for your Site Content and the consequences of submitting and publishing them. You assume all risks associated with use of your Site Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of such Site Content that personally identifies you or any third party. Beagle does not guarantee any confidentiality with respect to your Site Content. Beagle has no responsibility or liability for the accuracy of any Site Content; the failure to transmit or receive transmission of Site Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Site. We are not responsible, or liable to any third party, for the content or accuracy of any Site Content posted by you or any other Authorized User.
All Site Content must comply with the Content Standards set out in these Terms of Use. You acknowledge that Beagle has no obligation to pre-screen Site Content, although Beagle reserves the right in its sole discretion to pre-screen, refuse, or remove any Site Content at any time for any reason.
You may use the Site only for lawful purposes and in accordance with the Beagle Policies. You agree not to use the Site:
Additionally, you agree not to:
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:
Notwithstanding anything herein to the contrary (including any Educator Restrictions or user or third party rights in certain Site Content) the Site 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 reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
You must not:
No right, title, or interest in or to the Site or any Site Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
The Company name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product, and service names, designs, and slogans on this Site are the trademarks of their respective owners.
These Terms will remain in full force and effect while you use the Site. Subject to Educator Restrictions, we have the right to:
Upon termination, your Account will be closed immediately, and/or your right to access and use the Site will end immediately. Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Without limiting the foregoing and subject to Educator Restrictions, We have the right to fully cooperate 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 Site. 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 AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
The information presented on or through the Site 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 Site, or by anyone who may be informed of any of its contents.
This Site may include 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.
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.
This Site may provide certain social media features that enable you to:
You may use these features solely as they are provided by Us 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 cease. We may disable all or any social media features and any links at any time without notice in our discretion. 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 the Site 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 Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We may use de-identified User Metrics and Site Content ("De-identified Data") for product development, research, or other purposes without restriction. De-identified Data will have all direct and indirect personal identifiers removed. This includes, but is not limited to, name, ID numbers, date of birth, demographic information, location information, and school ID. Furthermore, We will not re-identify De-identified Data or transfer De-identified Data to any party unless that party agrees not to attempt re-identification. You grant Us an irrevocable, transferable, royalty-free, fully paid non-exclusive, worldwide, perpetual license to make, use, reproduce, distribute, publicly display, perform, prepare derivative works of, incorporate into other works, and otherwise use such.
We will store and process all data, including Restricted Data, in accordance with industry best practices. This includes appropriate administrative, physical, and technical safeguards to secure data from unauthorized access, disclosure, and use. We will conduct periodic risk assessments and remediate any identified security vulnerabilities in a timely manner. We will also have a written incident response plan, to include prompt notification in the event of a security or privacy incident, as well as best practices for responding to a breach of Restricted Data.
You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Site 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. 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 SITE 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.
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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH 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 the Beagle Policies or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services and products other than as expressly authorized in the Beagle Policies or your use of any information obtained from the Site.
All matters relating to the Site and the Beagle Policies 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 internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, the Beagle Policies or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona and County of Maricopa although We retain the right to bring any suit, action, or proceeding against you for breach of the Beagle Policies in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
In our sole discretion, We may require You to submit any disputes arising from the use of the Beagle Policies or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE 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 forth in the Beagle Policies 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 the Beagle Policies shall not constitute a waiver of such right or provision.
If any provision of the Beagle Policies 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 Beagle Policies will continue in full force and effect.
The Beagle Policies constitute the sole and entire agreement between you and Beagle Learning, LLC with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.
The owner of the Site is based in the state of Arizona in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You consent to receive communications from Us in an electronic form. All terms and conditions, agreements, notices, disclosures, and other communications that We provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. This website is operated by Beagle Learning, LLC, 5033 E Turquoise Ave, Paradise Valley, AZ 85253. All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: info@beaglearning.com.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending Us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
All information We collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by Us with respect to your information in compliance with the Privacy Policy.
THE BEAGLE POLICES MAY CHANGE FROM TIME TO TIME. YOUR CONTINUED USE OF THIS SITE AFTER WE MAKE CHANGES MAY BE DEEMED TO BE ACCEPTANCE OF THOSE CHANGES, SO PLEASE CHECK THE BEAGLE POLICIES PERIODICALLY FOR UPDATES. ANY SUCH AMENDMENT SHALL BE EFFECTIVE IMMEDIATELY AND APPLY TO ALL ACCESS AND USE OF THE SITE THEREAFTER. NOTWITHSTANDING THE FORGOING, WE ARE NOT OBLIGATED TO UPDATE OR AMEND ANY PART OF THE SITE AT ANY TIME. IF YOU DO NOT WANT TO AGREE TO ANY BEAGLE POLICY, AS AMENDED FROM TIME TO TIME, YOU MUST NOT ACCESS OR USE THE SITE. YOU ARE AND WILL BE RESPONSIBLE FOR ADHERENCE TO ANY AND ALL BEAGLE POLICIES UNDER YOUR ACCOUNT.
