Terms of Service

Welcome to Boundless! When you use the Boundless Learning, Inc. (“Boundless Learning,” “Boundless,” “our” or “we”) website at www.boundless.com or its subdomains (collectively, the “Website”) or you use any downloadable Boundless software or content through your use of an application for the administration, documentation, tracking, reporting and delivery of e-learning courses or training programs (an “LMS”) operated by your college, university or other educational institution (each, a “Services,” and collectively, the “Services”), you are agreeing to these Terms of Service and the Boundless Privacy Policy (which is incorporated herein by reference) so please read them carefully.

Throughout these Terms of Service, “you” or “your” may refer to a student or an Instructor (defined below) or administrator (in each case, a “user”) or a parent or guardian on behalf of a user if the user is under the age of 18. If you are an Instructor at a School with which Boundless has entered into an agreement to provide Services, by using our Services, you agree to accept these Terms of Service and to supervise the users in your Class (defined below), their use of the Services within the Class for compliance with these Terms of Service and your applicable School (defined below) policies. Boundless is not responsible for monitoring the use of the Services. Users who do not wish to participate in a Class with a particular Instructor may have an option to opt-out of the Website Class as described on the Website from time to time and as set forth in the policies of the School with respect to Classes made available through a School LMS.

The Services are intended to serve a general audience and do not provide specific features or services targeted at children under age 13. We do not knowingly solicit information regarding children under age 13.

We reserve the right to change these Terms of Service from time to time for any reason, which shall be effected by our posting the updated Terms of Service on the Website for users of the Public Areas (defined below) of our Website and by requiring your acceptance of the revised Terms of Service when you access private portions of the Website or when you use the LMS and shall be effective from the time of your next use of our Services after such posting or acceptance. These Terms of Service apply to all Boundless Learning, Inc.’s services and features unless otherwise indicated.

1. Scope of Services.

Our Services include: (i) the access and use (remotely through the Website) of the Boundless software platform (the “Boundless Platform”) which is designed to help students learn by connecting them with high quality, educational content, as well as tools that enable them to collaborate with other students and users who register as an instructor of a class (each, an “Instructor”) through social media features; and/or (ii) access and use of the Boundless Platform integrated into the LMS of an college, university or other educational institution (each, a “School”).

You are responsible for obtaining any equipment and Internet service necessary to access our Services and for any paying any fees for the equipment and Services you select. We may alter, suspend, or discontinue our Services, in whole or in part, at any time and for any reason, without notice. We may restrict access to portions of our Services, for some or all users, from time to time. The Website and Services may periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. The LMS may periodically become unavailable due to actions or inactions taken by the School or due to maintenance or malfunction of computer equipment or for other reasons.

2. Registration and Membership.

A. REGISTRATION.

(i) Certain of our Services available through the Website are reserved for registered users. In order to become a registered user (or “member”), we may ask you to complete a registration form and provide a user name or email and create a password (“Login Credentials”). During any such registration, you are required to give truthful contact information (such as name and email address) in accordance with these Terms of Service. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. For your convenience as a Boundless member, all information that you provide to Boundless is subject to Boundless' Privacy Policy. You are responsible for keeping your registration information up to date through your account page to the extent such feature is made available on the Website.

(ii) Services available through an LMS are reserved for registered users of the applicable LMS. Your ability to access the LMC containing the Services is controlled by your School and completed through a single sign-on (SSO). You will not be prompted to register for the Services independent of the sign-on process for the LMS and the process for becoming a registered user of your LMS will be set out in the materials provided to you by your School. In order for our Services to integrate with the services provided by the School’s LMS, you are required to give truthful contact information (such as name and email address) and for protecting any passwords or registration credentials for the LMS from unauthorized use. You are responsible for all activity that occurs on or through your LMS account (including without limitation financial obligations). You agree to notify us and your School immediately if you believe that your LMS account has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your LMS account. You agree that all information that you provide through the LMS related to the Services will be shared by your School with Boundless and will then be subject to Boundless' Privacy Policy. Boundless may share your information with your School and its Instructors and Administrators.

B. SOCIAL NETWORK LOGIN CREDENTIALS.

Boundless may enable you to connect to your Website Boundless account with your Facebook account or other third-party social network service provider account (each, a “Third Party Social Networking Account”) as indicated on the Website from time to time. By connecting to our Website Services with a Third Party Social Networking Account, you give us permission to access, store and use your information from such third-party social network service provider, including, but not limited to, your user ID, any information that you have permitted the third-party social network service provider to share with us, and any information you have made public in connection with that service. Information received by Boundless will be subject to our Privacy Policy, but Boundless is otherwise not responsible for the information that it receives from such third-party social network service provider. Any such third-party social network service provider accessed from the Services is independent from Boundless, and Boundless has no control over the terms or content of that website. Your use of any third-party social network service provider is subject to its terms of service and privacy policy. We request that our users exercise caution and good judgment when using third-party social network service providers. You should always review, and if necessary adjust, your privacy settings on social network service providers and other third-party websites and services before linking or connecting them to the Service.

C. PROFILES; LIMITED PROFILE.

Upon registering for our Website Services, a user profile may automatically be created for you. In such case, you may select a profile photo to display with your profile information. You acknowledge that your profile may be viewed by other users of the Website. Boundless is not responsible for any Personal Information (as defined in our Privacy Policy) you choose to share within your profile.

D. ACKNOWLEDGEMENT TO RECEIVE EMAIL.

As a registered user of the Website, you agree to receive emails promoting any special offer(s). We may from time to time send you our newsletter with information about upcoming events, special promotions, and product and service offerings from us and our partners. You may opt-out from receiving special promotions or our newsletter by emailing info@boundless.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.

E. You may use the Website without volunteering personally identifiable information. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. However, if you choose to provide information or Content (defined below) to register for or participate in a Service, event, or promotion on this Website or through our Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.

3. Content.

A. SOURCING OF THE CONTENT.

As displayed on our Website or through the LMS as part of the Services, the sourcing of each item of information, all texts, images, photographs, videos, audio files, pieces of data, links, software and other material made available to you through your use of the Services (collectively, the “Content”) is noted. Please be aware that:

i. The Content is licensed to Boundless, and through us to you, under a license that allows re-distribution and re-use of a licensed work on the condition that the creator is appropriately credited. The Content is licensed under the Creative Commons Attribution-ShareAlike 4.0 Unported License (such license is referred to herein as, the “Creative Commons License”). A summary of the terms of the Creative Commons License is available at http://creativecommons.org/licenses/by-sa/4.0/ and a full text of the Creative Commons License is available at http://creativecommons.org/licenses/by-sa/4.0/legalcode. Please familiarize yourself with its terms and conditions from time to time as it may be revised.

ii. The Services provide the capability for you to post, publish or otherwise make available Content for public display through our Website (“Public Areas”), subject to the level of Public Areas which you indicate when you provide the Content, if any such level restriction are then offered by Boundless, and/or for private display through the use of the Website or an LMS, such as through an online discussion forum or chat room or other Services that allow users to communicate with other users, including communication between Instructors and students using the LMS. Content that is created by you (“Your Content”), if you are a student (“Student Content”), or if you are an Instructor or an administrator at a School (the “School Instructor Content”), continues to be owned solely by you, unless agreed by you and Boundless in a separate agreement; provided that you hereby grant to Boundless, a license to Your Content under the Creative Commons License.

B. CONTENT ERRORS; ACCURANCY.

You acknowledge that the Content may contain typographical errors and other inadvertent errors or inaccuracies. We reserve the right to make changes to Content, including but not limited to changes to document names and Content, descriptions or specifications of the Services, or other information without obligation to issue any notice of such changes. We reserve the right to remove Content from the Services or replace such Content with a different offering if we no longer offer such Content.

C. YOUR USE OF CONTENT.

You may view, copy, and print Content subject to the following conditions:

i. Creative Commons License; and

ii. Copyright, trademark, CC BY-SA and other proprietary notices and attributions may not be removed from any Content.

Nothing contained on the Website or through the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or Services or any Content displayed on or through the Website or the Services, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.

If you have any other questions about complying with our licensing terms you should contact us at support@boundless.com.

4. Your Content

A. RESPONSIBILITY FOR YOUR CONTENT.

You understand that you are solely responsible for all of Your Content. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own and/or have the necessary permission to use and authorize the use of Your Content as described herein and under such permission have already paid, and you will be solely responsible for paying (to the extent any later become due) all royalties, fees, and any other monies owing to any person by reason of any of Your Content. You may not suggest that Your Content is in any way sponsored or endorsed by Boundless. You are responsible for ensuring that Content submitted to this Website or otherwise through our Services is not provided in violation of any copyright, trade secret or other intellectual property or privacy right of another person or entity. You may be subject to liability, if Your Content contains information that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or contains material that is unlawful. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Your Content to the Website or through the LMS.

B. CONTRIBUTIONS TO RESTRICTED PUBLIC AREAS.

By posting Content in a Public Area, you are choosing to make Your Content public and you are submitting such Content under the Creative Commons License. Some Public Areas, however, may be restricted to a particular group of users based on categories such as users’ class, school, or other custom created group (each a “Restricted Public Area”) to the extent indicated on the Website from time to time, such that Content posted or shared in a Restricted Public Area will only be viewable by other users who have access to such Restricted Public Area. Please note that, once you share information in a Restricted Public Area, like other Public Areas, other users with access to such Restricted Public Area may copy and share such Content, through the Website or otherwise, with third parties under the Creative Commons License.

C. COMMUNICATIONS WITH INSTRUCTORS.

i. Instructors or administrators may use the Website as a forum to assist students with their studies outside of the classroom. Instructors may view Restricted Public Areas or areas within the LMS for a particular Class (as defined below), as well as any other information that a user makes available to the Instructor. Boundless may provide an option on the Website for the user to select for certain Content to be shared with the Instructor only. The features available through the LMS will be determined by the School and not Boundless. You should check with your School regarding its policies. Boundless may add a feature to the Services for Instructors to assign study questions to certain users to a Restricted Public Areas or the LMS for a particular class (each, a “Class”). Instructors may be permitted to receive a summary of certain metrics as described on the Website or as determined by the School from time to time regarding how certain users within a Class are using the Services.

D. USER NOTES.

Part of the Services include a Social Notebook feature that permits users to take notes online and highlight text (collectively “User Notes”) while reading online and share such User Notes with other users.

By submitting such User Notes through the Services you deem such User Notes as Content for public display on our Services under the Creative Commons License, unless, in the case of Website use, you opt-out through your account settings by making your User Notes “private” before you submit those User Notes. Unless you opt-out and make your User Notes “private” through the Website or such User Notes are submitted by you through your use of the LMS and a privacy election is available in such LMS, your User Notes may be displayed in our Public Areas and through the LMS. If your settings are private for User Notes, you nonetheless agree that Boundless may use your User Notes on an aggregate basis by removing any Personal Information. You may not be able to view other users’ User Notes on the Website, if you make your own User Notes private.

E. CONTRIBUTIONS BY OTHER USERS.

You understand that Boundless does not control, and is not responsible or liable for Content made available by users of the Services through the Website or the LMS, including, without limitation, the conduct of users or for views, opinions and statements expressed in Content of other users submitted for display in a Public Area or through the LMS. We do not prescreen information posted to Public Areas. With respect to such Public Areas, we are acting as a passive conduit for such distribution and are not responsible for such Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of Boundless Learning. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content.

F. MONITORING.

We have the right, but not the obligation, to monitor Content submitted to our Website through a Public Area, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any Content submitted to or posted in any online discussion forum or chat room provided through this Website or the LMS. Without limiting the foregoing, we have the right to remove any Content that Boundless, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for Your Content. BOUNDLESS IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY OF YOUR CONTENT.

G. LOBBYING.

Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by Boundless Learning, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.

H. BOUNDLESS DISCLOSURE OF CONTENT.

Without limiting our rights to Content licensed under the Creative Commons License, You acknowledge and agree that Boundless may store and/or preserve Your Content and may also disclose Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third-parties in accordance with these Terms of Service; (d) protect the rights, property, or personal safety of Boundless, its representatives and/or agents, its users or the public, and/or (e) transfer Your Content in connection with the merger, consolidation or sale of all or substantially all of the assets of Boundless related to the Boundless Platform.

5. Indemnification.

By using this Website or receiving Services through the LMS or otherwise, you agree to indemnify, hold harmless and defend Boundless Learning and affiliates and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises from or in connection with Your Content, your use of this Website or the Services (and if you are a School, arising from or in connection with the Instructor Content originating from your Instructors and their noncompliance with these Terms of Service and our Privacy Policy, the permissions and statements provided to Boundless by you in connection with the integration of the Boundless Platform with your LMS and the operation and security of the LMS as integrated with the Boundless Platform generally and your School).

6. Prohibited Conduct.

By accessing our Website or any chat room, online discussion forum, or any of the Services provided through our Website or the LMS, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website, the LMS Services or any related chat room or online discussion forum to:

Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Boundless Learning.
Post Content you know is false, misleading, untruthful, or inaccurate.
Engage in commercial activities on our Services or use our Services without Boundless’ prior approval.
Promote a business or other commercial venture or event, or otherwise use the Services for commercial purposes, except as expressly permitted by Boundless.
Use a name or language that Boundless Learning, in its sole discretion, deems offensive.
Post defamatory statements.
Post hateful or racially or ethnically objectionable Content.
Post Content which infringes another's copyright, trademark or trade secret.
Post unsolicited advertising or unlawfully promote products or services.
Harass, threaten or intentionally embarrass or cause distress to another person or entity.
Impersonate another person.
Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
Exploit children under 18 years of age.
Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
Introduce viruses, worms, Trojan horses and/or harmful code to the Website or LMS.
Obtain unauthorized access to any computer system through the Website or LMS.
Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 18 years of age).
Solicit information from children under 13 years of age.
Violate any federal, state, local, or international law or regulation.
Encourage conduct that would constitute a criminal or civil offense.

7. Payments.

If you purchase any Services that we offer through the Website or an LMS for a fee, either on a one-time or subscription basis, you agree to pay Boundless via your School, your School’s bookstore or Boundless’ third party payment processing service provider the applicable fee for such Service as it becomes due plus all related taxes. You may cancel such Services as provided on the Website or through the LMS as permitted by your School from time to time. All fees are non-refundable.

8. Mobile Devices.

The Website and the Services may include mobile features that allow you to access Content from a mobile device. Boundless does not charge a separate fee for use of the mobile feature, but your mobile service provider may do so. Message and data rates may apply. In the event you change or deactivate your mobile use of the Website or the Services, you must promptly update your account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility.

9. Intellectual Property Rights.

All Content is licensed to Boundless, and through us to you, under a license that allows re-distribution and re-use of a licensed work on the condition that the creator is appropriately credited. The Content is licensed under the Creative Commons Attribution-ShareAlike 4.0 Unported License (such license is referred to herein as, the “Creative Commons License”). A summary of the terms of the Creative Commons License is available at http://creativecommons.org/licenses/by-sa/4.0/ and a full text of the Creative Commons License is available at http://creativecommons.org/licenses/by-sa/4.0/legalcode. Please familiarize yourself with its terms and conditions from time to time as it may be revised.

All names, logos and trademarks of Boundless are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. The absence of a product or service name or logo from these Terms of Service does not constitute a waiver of Boundless' trademark or other intellectual property rights concerning that name or logo.

We do not claim ownership of Student Content or Instructor Content, including User Notes, submitted by users via the Website, unless agreed by the user and Boundless in a separate agreement. By submitting such Content, including User Notes, however, you hereby grant us a license to such Contributions under the Creative Commons License as provided in Section 4.

As between you and Boundless, the Boundless Platform, Website and Services (exclusive of Content), and all underlying software (in object and source form), including but not limited to all underlying algorithms, user interfaces and network and database designs and schemas, architecture, class libraries, and objects, all runbooks, recipes, the unique expressions of the selection, organization and presentation of user visible functions, all report and data templates and the methods of presenting data, all training materials and documentation (both printed and electronic), all processes, analyses and methodologies, all know-how, and all trade secrets and any related Intellectual Property Rights throughout the world (whether owned or licensed from a third party) used by Boundless to perform the Services, and all corrections, fixes, modifications, enhancements, updates, upgrades, and customizations thereto and derivative works thereof and developments necessary to integrate it with third party or a School LMS developed solely by Boundless, or by or with the input of another party shall be the sole and exclusive property of Boundless and are protected by applicable intellectual property laws, including United States copyright law and international treaties. On the condition that you comply with all your obligations under these Terms of Service, we grant to you a limited, personal, non-exclusive, non-transferable, non-sublicensable right to access the Services through the Website or an LMS (with respect to Services to which you are granted access by your School under agreement with Boundless) for the purposes set forth in these terms of Service. You will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Boundless Platform or such Services (including but not limited to its unique expressions of the selection, organization and presentation of user visible functions); (b) rent, lease, or sublicense the Boundless Platform or such Services; nor (c) circumvent or disable any security or technological features or measures in the Boundless Platform or such Services. “Intellectual Property Rights” shall mean all rights in, to or arising out of: (i) any proprietary information, know-how, and data, including but not limited to, all proprietary intellectual property rights arising out of common law principles, and (ii) all copyrights, trademarks or patents, and applications thereof in the U.S. and any foreign country.

10. Copyright Infringement; Notice and Take Down Procedures.

If you believe that any Content on this Website or available through an LMS infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to this Website and the Services is: copyright@boundless.com, or Ariel Diaz, Boundless Learning, Inc., 207 South St, Boston, MA 02111, phone (617) 500-7225, fax (617) 516-1664.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website or our Services through other means who are repeat infringers.

11. Disclaimer of Warranty.

Under no circumstances will we be liable for any loss or damage caused by your reliance on Content on this Website or available through the Services or your use thereof. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other Content available through this Website or the Services. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content.

THE SERVICES AND ALL TEXT, IMAGES, AND OTHER CONTENT ON OR ACCESSIBLE FROM THE WEBSITE OR THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, BOUNDLESS LEARNING, INC. DOES NOT WARRANT THAT: (i) THE SERVICES OR THE CONTENT IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THE WEBSITE OR THROUGH THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE WEBSITE, THE SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Limitation of Liability.

A. DISCLAIMER.

IN NO EVENT SHALL BOUNDLESS LEARNING, INC. OR ITS LICENSORS OR AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (THE “BOUNDLESS AFFILIATES”) BE LIABLE TO ANY USER OF THE WEBSITE OR THE SERVICES THROUGH ANY LMS, ANY SCHOOL OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR THE SERVICES OR ANY CONTENT CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

B. LIMITATION.

THE BOUNDLESS AFFILIATES’ AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE OR SERVICES, CUMULATIVELY BETWEEN YOU AND BOUNDLESS, SHALL NOT EXCEED THE GREATER OF (I) $1.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO BOUNDLESS FOR THE SERVICES, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.

C. WAIVER OF CLASS ACTION.

ANY CLAIMS BROUGHT BY YOU OR BOUNDLESS MUST BE BROUGHT IN THAT PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

D. EXCLUSIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Disputes; Release.

Boundless expressly disclaims any liability or claims that may arise between or among users of our Services or between or among users and their School. You are solely responsible for your interactions with all users and third parties and any disputes that arise from those interactions with such users or third parties. Boundless may monitor disputes between users, but is not obligated to monitor such disputes.

Because Boundless is not responsible for the interaction between or among users or any related transactions, in the event that you have a dispute with one or more users, you hereby release Boundless (and its affiliates and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.

If you are a California resident, in connection with the above release, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

14. Links to Third-Party Websites; Access to an LMS.

The Website may contain links to non-Boundless Learning websites that are provided to you as a convenience. Any outside website accessed from our Website is independent of Boundless Learning, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such non-Boundless Learning websites.

The Services available to you through the LMS of your School may contain non-Boundless Learning content that is provided to you by the School. Any such content is independent of Boundless Learning, and we have no control over such content. We are not responsible for such School provided content or for any loss or damage incurred in connection with your use of such content, the LMS generally or your dealings with the School or the operators of such LMS.

15. No Implied Endorsements.

In no event shall any reference to any third party (including but not limited to a School or Instructor) or third party product or service be construed as an approval or endorsement by Boundless Learning of that third party or of any product or service provided by a third party. Likewise, a link to any non-Boundless Learning website or the availability of the Services through a School LMS does not imply that we endorse or accept any responsibility for the content or use of such a website or the actions or inactions of such School or LMS. Boundless Learning does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through the Website or otherwise and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

16. Jurisdictional Issues.

We make no representation that Content is appropriate or available for use outside the United States. Those who choose to access this Website or access the Services from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws. By using our Services, you consent to having your Personal Information transferred to and processed in the United States.

17. Termination.

We may terminate any user’s access to our Website and the Services available through an LMS or otherwise, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms of Service, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or the Services.

18. Unsolicited Ideas and Feedback.

While we welcome your feedback, ideas, and suggestions, it is important to be aware of the following restrictions. If you send us feedback, ideas, or suggestions (collectively, “unsolicited ideas”), you agree that: (1) your unsolicited ideas become the sole property of Boundless and you are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) Boundless may use or redistribute unsolicited ideas for any purpose and in any way without limitation and without regard to the media in which such distribution is made; (4) there is no obligation for Boundless to review your unsolicited ideas; and (5) Boundless has no obligation to keep any unsolicited ideas confidential.

19. Enforcement.

These Terms of Service shall be governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms of Service shall be finally resolved by arbitration conducted in the English language in Boston, MA, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the Commonwealth of Massachusetts. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the Commonwealth of Massachusetts or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable.

20. Miscellaneous.

You may not assign or transfer these Terms of Service in whole or in part to any third party without the consent of Boundless. These Terms of Service shall bind and inure to the benefit of the parties to these Terms of Service and their respective successors, permitted transferees, and permitted assigns. Boundless and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. We may substitute, by way of unilateral novation, effective upon notice to you, Boundless Learning, Inc. for any third party that assumes our rights and obligations under these terms of Service. These Terms of Service contain the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or written license agreement provided by Boundless, and cannot be amended except by a writing signed by both parties or by Boundless’s posting of an amended version of these Terms of Service on its Website. The headings and captions used in these terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. By using the Website or the Services, you consent to receiving electronic communications from Boundless. These communications will include notices about your account and information concerning or related to the Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Boundless is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Website or the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Website, the Services or any Content or other material used or displayed through the Services.

21. For Additional Information.

If you have any questions about these Terms of Service, please contact Boundless Learning, Inc. at support@boundless.com.