Terms of Use

Infinite Learning Lab Subscriber Agreement

This Subscriber Agreement (the "Agreement") and the terms and conditions ("Terms and Conditions") set forth below govern your use of the Infinite Learning Lab website - an educational community of animated, interactive lessons in language arts, math, science and life skills for elementary school aged children owned and operated by Virginia Department of Education. As used in this Agreement, the terms "you," "your," and "Subscriber" refer to the school district, school, designated school classroom or adult head of household on whose behalf this Agreement is accepted.

TERMS AND CONDITIONS

1.  Definitions. In this Agreement, the following terms shall have the following meanings:

   (a) "Authorized Users" shall mean (i) individuals who are authorized by Subscriber to access and use the Product and (ii) who are affiliated with Subscriber as (a) then current students and who have provided parental and/or guardian to such students use of the Product, and (b) faculty, administrators in Subscriber's school district, school or classroom constituting the Subscriber, or (iii) who constitute the resident members of the family as to which the Subscriber constitutes the adult head of household.

   (b) "Content" shall mean all search pages, indexes, databases, screen pages, guides, online help, video, text, and other materials and content provided by VDOE and/or hosted on the Website.

   (c) "Fees" shall mean the annual subscription fee selected by Subscriber during the registration process in consideration of the licenses granted pursuant to this Agreement.

   (d) "VDOE" shall mean Virginia Department of Education, The VDOE, learninglab.org, any subsidiaries and affiliates, legally associated companies, and their products, services and licensees.

   (e) "Product" shall mean the Infinite Learning Lab service that provides an educational community of animated, interactive lessons in language arts, math, science and life skills for elementary school aged children.

   (f) "Term" shall mean the period of time for which Subscriber has obtained a right on behalf of its Authorized Users to access the Product and Content.

   (g) "Website" shall mean the website located at www.learninglab.org.

2.  Grant of License.  Subject to the terms of this Agreement, VDOE grants to Subscriber and to Subscriber's Authorized Users a non-exclusive, non-transferable, revocable, limited license and right to access the Website and use the Product throughout the Term.

3.  Limitations on Use. 

 
(a) The license and right granted to Subscriber is subject to the following limitations and restrictions:

    (i)  The number of Authorized Users that may be logged on at any one time is limited to the maximum number of Authorized Users permitted pursuant to the subscription type selected by Subscriber.

    (ii)  The Product and Content may be used only for educational purposes, subject to the limitations of this Agreement.

    (iii)  Subscriber shall not, and shall insure that Authorized Users shall not, remove or alter VDOE's copyright notices, trademarks or other means of identification or disclaimers as they appear in the Content.

    (iv)  Subscriber shall not, and shall insure that Authorized Users shall not, display or distribute any part of the Content on any electronic network, including, without limitation, the Internet or the World Wide Web.

    (v)  Subscriber shall not, and shall insure that Authorized Users shall not, publish, distribute or make available works based upon the Content, or works which combine any Content with other material.

    (vi)  With the exception of applications commonly known as Web Browser software, or other applications formally approved by VDOE in writing, you agree not to use any software, program, application or any other device to access or log on to VDOE's computer systems, the Website or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any information or any other content to or from VDOE's computer systems, the Website or proprietary software.

 (b)  Subscriber shall use reasonable efforts to protect the Content from any use that is not permitted under this Agreement, and shall notify VDOE of any such use of which it becomes aware. Subscriber shall insure its Authorized Users' compliance with the terms of this Agreement. In the event of any unauthorized use of the Product or the Content, VDOE shall have the right, in addition to all other rights and remedies it may have, to (i) require that Subscriber terminate access of the persons making such unauthorized use of the Product or Content, and/or (ii) terminate access to the Product from the Internet Protocol address(es) of the person making such unauthorized use of the Product or Content.

4.  User Name, Password and Access to Product.  Subscriber will select its own identification code ("User Name") and password ("Password") at the time of the registration process. The User Name and Password selected will be required to access the Product. Subscriber may access the Product only using the User Name and Password, and, except for Authorized Users, may not allow any other person to access the Product using its User Name and Password. Subscriber will establish procedures to appropriately permit Authorized Users access to the Product and/or Content. Subscriber shall be responsible for maintaining the security and confidentiality of the User Name, Password and other access codes provided to Authorized Users and for preventing access to the Product and/or Content.

5.  Acknowledgement and Protection of Intellectual Property Rights.Subscriber acknowledges that all copyrights, patent rights, VDOE and Paws, Inc. trademarks, service marks and other intellectual property rights relating to the Product and/or Content, are the sole and exclusive property of VDOE and Paws, Inc. and that this Agreement does not convey to Subscriber and any user any right, title or interest therein except the right to use the Product and Content in accordance with the terms and conditions of this Agreement. The provisions of this section shall survive the termination of this Agreement for any reason.

6.  Subscriber Information.For purposes of identification, billing and communication, Subscriber agrees to provide VDOE with accurate, complete and updated information required at the time of registration as a Subscriber ("Registration Data"), including name, address, telephone number(s), e-mail address, applicable payment data (e.g. credit card number and expiration date), and other information. VDOE reserves the right to verify the accuracy of this information.  You agree to promptly notify VDOE of any change in your Registration Data. 

7.  Subscription Policies, Billing Process and Procedures.

  
(a)  Subscriber is responsible for all Fees resulting from the use of the Product.

   (b)  VDOE reserves the right to increase any Fees, to institute new fees, move the Product to a website other than the Site and change any other term of this Agreement at any time by notifying Subscriber via e-mail, and/or posting a notice on the Website. Subscriber signifies its agreement to such changes by using the Product after such changes have been made.

   (c)  Annual Subscription with Monthly Credit Card Payment- The monthly payment option is not available for schools and other entities; it is only available for individuals.  When you subscribe for the Product as an "Annual Subscription with Monthly Credit Card Payment," you are agreeing to a non refundable, one year subscription with additional automatically renewable, one year terms. You are also agreeing to have your credit card billed automatically each month of each year of your subscription at the monthly payment rate in effect for that subscription year. Your subscription will be billed to your credit card, in advance, each month, on the day of the month on which your subscription started.  For example, if you subscribe on January 15  of any year, on that January 15 your credit card will be billed for the monthly rate then in effect for new subscriptions, and on February 15 of that year your credit card will be billed again for that monthly rate, and so forth. Unless you notify VDOE by email or in writing at least 7 days before the anniversary of your subscription that you do not wish to renew, your subscription will renew for an additional year, and your credit card will be billed again on a monthly basis at the then-current annual rate for that renewal year. You will receive a notice approximately one month prior to the end of your annual subscription cycle informing you that your credit card will be automatically charged for the subsequent year. PLEASE NOTE THAT SUBSCRIPTIONS ARE NON-REFUNDABLE AND THAT THERE IS NO PRORATION OF YOUR ANNUAL SUBSCRIPTION CHARGE IF YOU TERMINATE YOUR SUBSCRIPTION BEFORE THE END OF ITS ANNUAL PERIOD.

 (d)  Annual Subscription, credit card payment  - This option is available to all. When you subscribe for the Product as an "Annual Subscription," you are agreeing to a non refundable, one year subscription with  additional automatically renewable one year terms, and to have your credit card billed automatically each year at the then-current subscription rate. Your subscription will be billed to your credit card, in advance, each year, on the anniversary of the date that your subscription started. For example, if you subscribe on January 15  of any year, on that date your credit card will be billed for the then-current annual rate for the period ending January 14 of the following year.  Unless you notify VDOE by email or in writing at least 7 days before the anniversary of your subscription that you do not wish to renew, your subscription will renew for an additional year, and your credit card will be billed in advance at the then-current annual rate for that renewal year on the anniversary of the date that your subscription started You will receive a notice approximately one month prior to the end of your annual subscription cycle informing you that your credit card will be automatically charged for the subsequent year.  PLEASE NOTE THAT SUBSCRIPTIONS ARE NON-REFUNDABLE AND THAT THERE IS NO PRORATION OF YOUR ANNUAL SUBSCRIPTION CHARGE IF YOU TERMINATE YOUR SUBSCRIPTION BEFORE THE END OF ITS ANNUAL PERIOD.

  (e)  The party completing this registration process represents that Subscriber is of legal age in the jurisdiction in which Subscriber is located and has the legal authority to enter into and legally bind the District, School or Classroom or Adult head of family identified as the Subscriber. NOTE: SUBSCRIBERS IN THE UNITED STATES OF AMERICA MUST BE AT LEAST 18 YEARS OF AGE EXCEPT: SUBSCRIBERS MUST BE AT LEAST 21 YEARS OF AGE IF LOCATED IN MISSISSIPPI, PENNSYLVANIA AND PUERTO RICO; AND 19 YEARS OF AGE IF LOCATED IN ALABAMA, ALASKA, AND NEBRASKA.

8.  Privacy Policy.  Please click here to read our Privacy Policy.

9.  Disclaimer Of Warranties.  THE WEBSITE, PRODUCT AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS.  VDOE DOES NOT WARRANT THAT THE PRODUCT AND/OR CONTENT PROVIDED WILL BE UNINTERRUPTED OR ERROR-FREE.  VDOE IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THIS SITE.  VDOE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE, ANY PRODUCT PROVIDED ON THE WEBSITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR SOLD THROUGH THIS SITE.  USE OF THE WEBSITE AND PRODUCT IS AT YOUR OWN RISK.  ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW.

TO THE FULLEST EXTENT ALLOWED BY LAW, VDOE AND ITS REPRESENTATIVES DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE PRODUCT AND/OR CONTENT PROVIDED ON THE WEBSITE.  BY USING THE WEBSITE, PRODUCT AND CONTENT, YOU ACKNOWLEDGE THAT VDOE IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE WEBSITE; (2) RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE OR BY USING VDOE PRODUCT; (3) DOWNLOADING INFORMATION CONTAINED ON THE SITE; OR (4) E-MAILS SENT FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM.  YOU FURTHER ACKNOWLEDGE THAT VDOE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE RESULTS OBTAINED FROM USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS OR WILL BE SATISFACTORY IN ANY WAY.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE AFOREMENTIONED DISCLAIMERS, RELATED TO IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.

10.   Limitation On Liability.  TO THE FULLEST EXTENT ALLOWED BY LAW, VDOE IS NOT LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OR UNAVAILABILITY OF THE WEBSITE, THE PRODUCT OR CONTENT, INCLUDING BUT NOT LIMITED TO: (1) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (2) DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES; (3) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF SITE, ERRORS OR OMISSIONS; (4) DAMAGES RELATED TO RELIANCE ON INFORMATION PROVIDED ON THE SITE OR OBTAINED BY USING THE VDOE SERVICES; (5) DOWNLOADING INFORMATION, POSTING INFORMATION OR SENDING OR RECEIVING EMAILS; AND (6) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS.  VDOE'S LIABILITY SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES.

11. Termination and Effect of Termination.

   (a)  This Agreement will become effective upon acceptance of this Agreement by Subscriber clicking the "I ACCEPT" button at the time of account activation, and this Agreement will remain in effect you elect to terminate this Agreement in accordance with the procedures set forth in Paragraph 7 of this Agreement or as otherwise provide in this Paragraph 12. VDOE may terminate this Agreement immediately: (i) at any time by providing Subscriber written notice; (ii) Subscriber or an Authorized User violates this Agreement; (iii) VDOE believes in good faith that Subscriber's conduct violates or may violate applicable law; or (iv) VDOE believes in good faith that the conduct of Subscriber is harmful to the interests of VDOE or other subscribers or users.

   (b)  Upon expiration or prior termination of this Agreement, all rights granted in this Agreement shall terminate and revert to VDOE; and all access to the Website will be terminated.  In the event that VDOE terminates this Agreement under Section 12(a)(i) such that the Subscriber's access to the Product is it no longer available, then Subscriber shall be responsible for the Fee only through the date that the Product is deactivated and Subscriber's access to the Product is it no longer available.

12. General. This Agreement contains the entire agreement between us regarding your use of the Website and Product and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Website and Product. VDOE may discontinue or change the Product, or its availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. No failure of VDOE to enforce any of its rights under this Agreement will act as a waiver of such rights. Each party's representations and warranties and the provisions regarding ownership of intellectual property shall survive the expiration or prior termination of this Agreement.You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New York, United States of America applicable to contracts made entirely within New York and wholly performed in New York, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Subscriberagrees that this Agreement has been written in the English language, and all provisions of this Agreement shall be construed and interpreted in the English language as commonly used in theUnited States of America.

Contact Information:

Infinite Learning Lab
Phone: 804-225-2047