AFFIRM® TERMS OF USE
Affirm is a digital library of assessment and practice questions created, owned, and/or provided by Great Minds LLC (“Great Minds”) for use by authorized school employees, parents, and students in conjunction with Great Minds’ curricula. The following Terms of Use are a legal contract between you, an individual subscriber, customer, member, or user (“You” or “Your”), and Great Minds regarding Your use of Affirm.
Please read the following Terms of Use carefully. By registering for, subscribing to, accessing, or using Affirm, You acknowledge that You have read, understood, and agree to be bound by the following terms and conditions of these Terms of Use. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO USE AFFIRM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF YOUR CHILD’S USE OF AFFIRM.
YOUR ACCESS TO AFFIRM THROUGH THIRD-PARTY EDULASTIC
Affirm is delivered through the Edulastic website and system owned, operated, and/or provided by third parties Edulastic, Inc. and/or its parent company Snapwiz, Inc (“Edulastic”). In order to access Affirm, You will be required to create an account with and log into Edulastic, and to agree to the Edulastic Terms of Service (https://edulastic.com/terms-of-service/) and Edulastic Privacy Policy (https://edulastic.com/privacy-policy/).
You acknowledge and understand that Edulastic is not owned, operated, or controlled by Great Minds, and that Your use of Edulastic is at Your own risk or as agreed between You and Edulastic. Great Minds has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, practices, or operation of Edulastic. In addition, Great Minds shall not and cannot monitor, verify, censor, or edit the content of Edulastic that is not related to Affirm.
Great Minds does not collect or have access to any personal, identifying student information collected by or provided to Edulastic in relation to the use of Edulastic or Affirm (or otherwise).
YOUR USE OF AFFIRM
Great Minds grants You a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use Affirm for Your personal, non-commercial use. Your license to use Affirm is conditioned on Your acceptance of and compliance with these Terms of Use.
Affirm and Edulastic may allow teachers and administrators to create and share new questions and assessments for use with Affirm (“User-Generated Content”). If You create and/or post User-Generated Content, You hereby grant Great Minds a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, distribute, display, and incorporate the User-Generated Content in a deidentified format for any purpose and without acknowledgement to you. This does not grant Great Minds rights to your identifiable information. You represent and warrant that User-Generated Content You provide and use of that User-Generated Content by Great Minds and any of our users will not infringe on or violate the rights of any third party.
All User-Generated Content that You create, whether publicly posted or privately transmitted via Edulastic or Affirm, is Your sole responsibility, and not the responsibility of Great Minds or its members, directors, officers, employees, agents, or representatives. Great Minds reserves the right to remove User-Generated Content, in whole or in part, that Great Minds determines in its sole discretion violates these Terms of Use, the rights of any third parties, or that might be considered offensive or illegal. Neither Great Minds nor its members, directors, officers, employees, agents, or representatives shall be held liable for any loss or damage caused by Your reliance on User-Generated Content obtained through Affirm.
INTELLECTUAL PROPERTY
Great Minds retains all right, title, and interest in and to Affirm, which is protected by applicable intellectual property laws, including United States copyright and trademark laws. No portion of Affirm, including without limitation the trademarks and service marks, may be used, displayed, reproduced, distributed, or modified without prior written consent from Great Minds.
FEES AND PAYMENT
Access to Affirm and Edulastic is provided for an annual license fee per school based on the number of students enrolled. Each annual license is active beginning July 1 (unless otherwise agreed) and ending June 30 of the following year (the “License Term”). Once the license fee has been paid and You have been granted access to Affirm or Edulastic, the license fee shall be non-refundable for the License Term.
NO WARRANTIES
Affirm is provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of Affirm will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to You.
LIMITATIONS OF LIABILITY
In no event shall Great Minds or its affiliates, or any of their respective members, directors, officers, employees, agents, or representatives (or their respective successors and assigns) be liable to You or any third party in contract, tort (including negligence), or otherwise for any direct, indirect, consequential, special, incidental, or punitive damages, including, but not limited to, loss of use, service interruptions, and loss of data, regardless of whether these parties had advance notice of the possibility of any such damages.
Great Minds’ total liability to You for any claim arising out of or relating to Affirm shall not exceed $100. Some states do not allow the foregoing limitation of liability, so it may not apply to You.
INDEMNITY
You shall indemnify and hold harmless Great Minds and its members, directors, officers, employees, agents, and representatives from any loss, damage, liability, or demand, including without limitation reasonable attorneys’ fees, arising out of, resulting from, or connected with Your access to or use of Affirm or Edulastic or arising from Your breach of these Terms of Use. Great Minds reserves the right to assume the exclusive defense and control of any matter for which You are required to indemnify Great Minds. You agree to cooperate with any reasonable requests to assist Great Minds in its defense of such matters.
GOVERNING LAW AND ARBITRATION
These Terms of Use are governed by the laws of the State of New York. Any controversy or claim arising out of or relating to these Terms of Use shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by New York law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction as necessary to protect the party’s rights or property pending the completion of arbitration.
If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible, and the remainder of the provisions shall remain in full force and effect.