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Summary of changes

We are updating the Learning Commons Terms of Use, with the new version becoming effective on July 1, 2026. Your continued access to or use of the Services on or after this date will constitute your acceptance of the updated terms. We encourage all users to review the full document below. The key changes are summarized here:
  • Formalized Roles and Content Types: New definitions have been added to clarify user roles, including Data Provider and Build Partner, and the various types of content on the platform, such as Content (from Data Providers) and Adapted Content (created by Build Partners).
  • Gated Content and Organization Access: The terms now specify the requirements for accessing Content that is not publicly available (“Gated Content”). This includes providing information and an attestation to serve as an administrator for your organization.
  • Clarified Partner Responsibilities: We have added details on the obligations for both Data Providers and Build Partners, particularly about the licensing, compliance, and legal rights associated with the Content and the resulting Adapted Content.
  • Content Governance and Safety: New provisions grant Learning Commons the right to monitor and restrict access to Content or Adapted Content to uphold the security and integrity of the Services.

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Terms of use effective July 1, 2026

Last updated: July 1, 2026 This agreement contains an arbitration clause and class action waiver in Section 10 that affects your rights under this agreement. Except for certain types of disputes mentioned in Section 10, you and Learning Commons agree that (1) disputes between us will be resolved by individual binding arbitration, and (2) you and Learning Commons waive any right to participate in a class-action lawsuit, class-wide arbitration, or any other representative action.
  1. Introduction
Welcome to Learning Commons. Learning Commons exists to build public AI infrastructure that connects how students learn to the tools they learn with — grounded in learning science, aligned to academic standards, and designed for the common good. The Services reflect that mission: a self-serve platform for Build Partners to access open, machine-ready datasets, APIs, documentation, and tools — including our Knowledge Graph and Evaluators — to develop and integrate AI-powered education tools responsibly. Your access to and use of our website, platform, models, data, software, applications, features, tools, sites, services, interfaces, documentation, and other content (collectively, the “Services”) is governed by these terms of use (“Terms”). Please read these Terms carefully. By accessing or registering for the Services, you accept these Terms and agree to be legally bound by them. You also agree to comply with applicable laws and our Community Guidelines, which is incorporated by reference. If you do not agree to these Terms, please do not use the Services. Key Definitions “Adapted Content” means any content, models, outputs, or materials created, modified, fine-tuned, or derived from Content by a Build Partner or other user. “Build Partner” means a user or entity that accesses Content through the Services in order to create, modify, adapt, evaluate, or deploy Adapted Content. “Build Partner Agreement” means any separate agreement between a Data Provider and a Build Partner governing access to or use of Content for the purpose of creating, distributing, or sharing Adapted Content. “Content” means Curriculum, Datasets, Metadata, and any other materials made available by a Data Provider through the Services. “Data Provider” means a user or entity that uploads, submits, or otherwise makes available Content to the Services for access, use, or adaptation by others. “Gated Content” means Content that is not publicly available and/or requires additional licensing restrictions, such as a Build Partner Agreement. For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of an organization then “you” includes you and that organization, and you represent and warrant that (a) you are an authorized representative of the organization with the authority to bind the organization to these Terms, and (b) you agree to these Terms on the organization’s behalf.
  1. Eligibility; account & service availability; additional terms
2.1 Credentials Learning Commons may provide access tokens, API keys, or similar credentials (“credentials”) to you to enable access to the Services. You are responsible for maintaining the confidentiality of your credentials and for any actions taken under those credentials. Credentials are non-transferable and may not be shared or sold. You must use any credential-based access in accordance with these Terms, our Privacy Policy, our Community Guidelines, and all applicable laws. Learning Commons may monitor usage and may revoke or suspend credentials at any time for misuse, security concerns, excessive usage, or suspected or actual violation of these Terms. 2.2 Accounts & Service Availability Accessing certain parts of the Services may require you to create an account. In order to create an account, you agree that all information you provide us is accurate, complete, and up to date. To the extent you request access to Gated Content, you will need (1) to provide certain information to serve as an administrator of your organization; and (2) submit an attestation about your administrator role. You are solely responsible for maintaining the confidentiality and security of your account and any associated password. Any activity on your account is your responsibility, and we are not liable for any acts or omissions in connection with your account.
  • If you suspect that your account or password has been compromised, stolen, or misappropriated, notify us immediately at support@learningcommons.org.
  • You agree not to create a new account if we have previously removed your account or restricted your access to the Services, unless explicitly authorized by us.
We reserve the right to modify, update, pause, suspend, or discontinue the Services at any time. We strive to maintain continuous availability but make no guarantees regarding the availability of the Services. 2.3 Additional terms You may be prompted to agree to additional policies or terms (as applicable) when accessing certain tools or parts of the Services, such as the Curriculum Sync -Specific Terms below, a product evaluation agreement, a partnership agreement, or a data processing agreement. You acknowledge and agree that your use of those tools or parts of the Services are subject to those policies and/or terms. To the extent a conflict arises, the terms of those policies and/or terms govern but only with respect to the conflict.
  1. Content & intellectual property
3.1 Learning Commons’ rights We reserve all rights, title, and interest in the Services. Using the Services does not give you any right, title, or interest in our Services, other than the right we explicitly grant you herein. The rights in trademarks, service marks, graphics, and logos used for our Services, whether registered or unregistered, are reserved by us or our licensors. 3.2 Learning Commons Name and Logo Use of our name, logos, or any other brand elements requires prior written permission. To request permission, please contact us at support@learningcommons.org or through your partnerships representative, if applicable. Our Services may also include trademarks of our licensors or others, who reserve all of their rights in them. 3.3 Content on Learning Commons’ Services Learning Commons Services facilitates the hosting, processing, and availability of Content provided by Data Providers and the development of Adapted Content by Build Partners. The Content made available through the Services is generally publicly available, such as a public domain work or Content under a Creative Commons Attribution 4.0 International license. However, certain Content may be subject to more restrictive license terms (such as Gated Content). In all cases, you agree to review any applicable license terms associated with Content before accessing or using it. You are responsible for ensuring compliance with all such terms, conditions, and licenses, if any. Learning Commons has no general obligation to monitor, enforce, or ensure compliance with third-party license terms or agreements but may take action where it becomes aware of potential violations. Learning Commons does not independently verify, and disclaims responsibility for, the accuracy, quality, legality, or appropriateness of Content or Adapted Content. Learning Commons does not endorse any particular Data Provider, Build Partner, or their materials or Content. Responsibility for the creation, selection, licensing, and use of Content and Adapted Content remains with Data Providers and Build Partners, respectively. Certain features of the Services, including our Evaluators tools, allow you to submit text, queries, files, or other materials (“User Content”) in order to access or use the Services, including through integrations with third-party large language model providers. As between you and Learning Commons, you retain ownership rights in your User Content. You grant Learning Commons a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to host, use, process, reproduce, modify, and display your User Content as necessary to provide, operate, maintain, and improve the Services, including to enable functionality involving third-party model providers. To improve and develop the Services, Learning Commons may analyze and use User Content in de-identified and/or aggregated form, including to evaluate system performance, improve functionality, and develop new features and models. Learning Commons will not use User Content in identifiable form for these purposes except as necessary to provide the Services or as otherwise permitted by our Privacy Policy. You represent and warrant that: (a) you have all necessary rights to submit User Content and to grant the rights described in these Terms; (b) your submission and our use of such User Content as contemplated by these Terms will not violate any applicable law or third-party rights; and (c) to the extent User Content includes personal data, you have provided all required notices and obtained all necessary consents or other valid legal bases required under applicable law (including, where applicable, FERPA, COPPA, and other student data protection laws). For clarity, any contributions you make via our GitHub repository will be controlled by the contribution terms for that repository. 3.4 Content Revocation You acknowledge and agree that a Data Provider may, at its sole discretion, revoke access to any Content previously made available through the Services. Upon receiving notice of such revocation from a Data Provider, Learning Commons shall promptly acknowledge and implement the revocation of access to the specified Content within the Services. If a Build Partner previously accessed or used such revoked Content, the Build Partner will lose all further access to the Content through the Services. Revocation of access applies on a prospective basis. Except as otherwise required by applicable law or expressly set forth in a separate agreement between a Data Provider and a Build Partner, revocation does not automatically require deletion of Adapted Content already created or deployed prior to such revocation. Build Partners remain responsible for complying with any applicable license terms or contractual obligations governing such Content. 3.5 Monitoring and removal Learning Commons reserves the right to monitor and audit your use of the Services, including your Content, for purposes of maintaining the security, integrity, and proper functioning of the Services, enforcing these Terms and Community Guidelines, and complying with applicable law. Such monitoring will be conducted in accordance with our Privacy Policy and may include automated or manual review. We do not undertake any obligation to monitor all activity. 3.6 Feedback We welcome suggestions, comments, ideas, and reported issues or problems (“Feedback”) to improve the Services. By providing Feedback, you assign to us all rights, title, and interest in the Feedback, to the extent permitted by applicable law and any contractual or institutional obligations to which you are subject, with no entitlement to compensation or rights to any resulting improvements. If such assignment is not permitted by law, you grant us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide, perpetual license to use the Feedback for any lawful purpose. In certain instances, including but not limited to user experience research opportunities, we may provide a thank you gift. You will be notified prior to starting a research opportunity whether a thank you gift may be included. Thank you gifts are subject to limitations, and not all Feedback providers will receive a thank-you gift. Applicable laws, including but not limited to school policies, may restrict your ability to receive this gift and/or require you to disclose its value. You are solely responsible for compliance with such laws and policies. To the extent you are invited to and agree to provide Feedback, you acknowledge and agree to the following consent terms:
  • you may stop participating in a Feedback session at any time or decline to answer any question;
  • with your consent, Learning Commons may record the Feedback session (by audio, video, screen or session recording, or other means) but Learning Commons will not distribute or display such recording to the public without prior written permission; and
  • you will not provide personally identifiable information unless your organization has obtained the necessary consents.
3.7 Confidentiality You agree to protect any non-public, confidential, or proprietary information disclosed by Learning Commons to you that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the context of disclosure, including but not limited to participation in user experience research with Learning Commons (“Confidential Information”). Confidential Information does not include information that is publicly available without breach of these Terms or that you independently develop without use of Learning Commons’ Confidential Information. You agree that you: (a) will not use any Confidential Information other than as necessary under these Terms; (b) will maintain Confidential Information in strict confidence and will use at least the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than reasonable care; and (c) will not disclose the Confidential Information to any person or entity. You will not make any public announcements related to Learning Commons without our prior written approval, which we may grant or withhold in our sole discretion.
  1. Your Obligations
4.1 Compliance with Applicable Laws You must access and use Services in compliance with all applicable laws, rules, and regulations, including but not limited to the Family Educational Rights and Privacy Act (FERPA) and the US Children’s Online Privacy Protection Act (COPPA). To the extent applicable by law, you are responsible for obtaining consents and determining that your access or use of the Services is permitted (such as a School that wishes to use Curriculum Sync). Where personal data is involved, you are responsible for ensuring lawful processing, including obtaining any necessary consents and providing required notices. 4.2 Restrictions You must not (a) reproduce, rent, sell, modify, translate, decompile, disassemble, or reverse engineer Learning Commons Services; misuse or infringe our or any third party’s intellectual property rights or other proprietary personal or legal rights; (c) circumvent or attempt to circumvent or disable any security or technological features or measures that protect Learning Commons or otherwise compromise the security or integrity of the Services, including by introducing malware; (d) attempt to bypass rate limits, quota controls, or usage safeguards for credentials; or (e) access the Services in any way not authorized by these Terms or that violates any applicable law or our Community Guidelines. 4.3 Responsibilities Data Providers Obligations You acknowledge and agree that:
  1. your Content may be made available to Build Partners through the Services for purposes of creating Adapted Content, as described in these Terms and/or in a separate agreement between you and a Build Partner; and
  2. Learning Commons may process, host, and make such Content available in accordance with your instructions and these Terms.
You are responsible for the Content you provide through the Services. You represent and warrant that:
  1. you have all necessary rights, licenses, or permissions to provide your Content;
  2. your Content does not infringe any third-party rights;
  3. your Content does not contain any personal data unless you are authorized to process such data and do so in compliance with applicable data protection laws and these Terms; and
  4. your Content complies with all applicable laws, these Terms, and our Community Guidelines.
To the extent you provide Gated Content, you are responsible for negotiating, entering into, and enforcing any Build Partner Agreement or equivalent. Learning Commons is not a party to any Build Partner Agreement and does not monitor, verify, or enforce compliance with such agreements. You are responsible for identifying which Build Partners are authorized to access Gated Content and for providing accurate and complete authorization instructions to Learning Commons. Learning Commons may rely on such instructions without independent verification. Build Partner Obligations You are responsible for ensuring you have appropriate access and use of the Content. You acknowledge and agree that your rights to access and use Gated Content may be subject to a separate Build Partner Agreement with the applicable Data Provider, and Learning Commons is not a party to, and has no responsibility to monitor or enforce the terms of, such agreements. You represent and warrant that: (a) you have all necessary rights, licenses, permissions, and authority to provide or use such Content; (b) your Content and/or Adapted Content does not infringe or misappropriate any third-party rights; (c) your Content and/or Adapted Content does not include personal data unless (i) you are authorized to use such data and (ii) such use complies with applicable data protection laws and these Terms; (d) your Content and/or Adapted Content complies with all applicable laws, regulations, and these Terms; and (e) your Content and/or Adapted Content does not contain malware, harmful code, or material that is unlawful, abusive, discriminatory, or otherwise objectionable. 4.4 Content Integrity and Risk Controls Without limiting any other provision of these Terms, Learning Commons reserves the right to review, monitor, remove, or restrict access to any Content or Adapted Content that, in its sole discretion, may: (a) violate these Terms or applicable law; (b) create legal, regulatory, reputational, or security risk; or (c) undermine the integrity, safety, or intended use of the Services. Learning Commons has no obligation to pre-screen Content or Adapted Content and does not guarantee their accuracy, quality, legality, or fitness for any purpose. Without limiting the foregoing, Learning Commons reserves the right to investigate credible reports of misuse of Content or violations of applicable license terms and may suspend or restrict access to the Services or specific Content where it reasonably determines such action is necessary to mitigate legal, security, or reputational risk.
  1. Third party services and integrations
5.1 Authentication Service Services may require authentication via third-party services (e.g., Google or Microsoft) (each an “Authentication Service”) or integrate with an LMS. By accessing Services or otherwise granting access to an Authentication Service, you agree that Learning Commons may access your Authentication Service’s account information for the limited purpose of authenticating you before you can access Services (i.e., single-sign on or SSO). You understand and acknowledge that we may store and use certain information already associated with the Authentication Service consistent with our Privacy Policy. You also agree to any and all terms and conditions of the Authentication Service regarding your use of Services via the Authentication Service. You may revoke our access to a tool on any Authentication Service at any time by updating the appropriate account settings of the respective Authentication Service. You agree to check your account settings on each Authentication Service to understand the information sent to us through each Authentication Service and any changes you can make in those account settings. You agree that any Authentication Service is a Reference Site, as defined below, and you are responsible for your interactions with the Authentication Service as a result of accessing Services through the Authentication Service. Learning Commons does not control the practices of Authentication Services, and you agree that you have been advised to read the privacy policy and terms and conditions of any Authentication Service that you use to understand their practices. You will keep your Authentication Service account information confidential and be responsible for all of your access to Services. If you suspect any unauthorized access, please contact us at security@learningcommons.org. 5.2 Reference Site Learning Commons may include links, references, or integrations to third-party web sites, platforms, or services (each a “Reference Site”) for your convenience. For example, our Services may connect to large language model providers, an LMS, or other Reference Sites. These Reference Sites are not under our control, and we are not responsible for their content, functionality, or privacy practices. We do not endorse or make any representations about Reference Sites or any information, software, materials, products, or services found there. Your access and/or use of any Reference Site, including any exchange of information, is governed by the terms and privacy policies of those third parties. You access and use Reference Sites at your own risk. 5.3 AI and Model-Based Services The Services may enable access to or integration with machine learning models or artificial intelligence systems, including those provided by third parties. Outputs generated by such systems (“AI Outputs”) may be inaccurate, incomplete, or inappropriate and are provided for informational purposes only. You are solely responsible for evaluating the accuracy, suitability, and legality of any AI Outputs and for ensuring that your use of such outputs complies with applicable laws and any applicable license terms. Learning Commons does not control and is not responsible for the behavior, outputs, or data handling practices of third-party model providers.
  1. Privacy
Our Privacy Policy describes how we handle personal information. To learn more about our privacy practices, please see our Privacy Policy. Depending on how the Services are used, Learning Commons may act as a service provider or processor on behalf of users (including Data Providers and Build Partners), or as an independent controller of certain operational data. The parties agree to enter into additional agreements where required by applicable law to govern such roles. The Services are designed primarily for use with non-personal, de-identified, and/or otherwise compliant data. To the extent you use the Services in connection with personal data, you agree you will do so in compliance with applicable privacy laws (including, where applicable, FERPA, COPPA, or GDPR) and these Terms. If you submit or process personal data through the Services, you represent and warrant that you have a valid legal basis to do so and have provided all required notices and obtained any necessary consents under applicable law. Learning Commons reserves the right to remove, restrict, or delete any Content or data that it reasonably believes contains personal data processed in violation of these Terms or applicable law. Learning Commons may also take steps to limit access to such data and require remediation as a condition of continued use of the Services.
  1. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, YOU AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE TOOLS MAY CONTAIN ERRORS, OMISSIONS, BUGS, AND THEIR FUNCTION MAY BE INTERRUPTED. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, LEARNING COMMONS, ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (THE “PROTECTED PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE PROTECTED PARTIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICES; (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES; (C) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR PARTICULAR SYSTEM OR DEVICE; (D) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; AND (E) THE DELETION OF, OR FAILURE TO STORE OR TRANSMIT, YOUR CONTENT AND/OR ADAPTED CONTENT, AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE PROTECTED PARTIES OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. THE LAW OF SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU. THE PROTECTED PARTIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT AND/OR ADAPTED CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.
  1. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, YOU AGREE THAT IN NO EVENT WILL THE PROTECTED PARTIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. IN NO EVENT SHALL THE PROTECTED PARTIES’ LIABILITY (INCLUDING DIRECT DAMAGES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE LAW OF SOME STATES DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
  1. Indemnification
By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Protected Parties harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Protected Parties arising out of or in connection with: (a) your violation or breach of these Terms, our Community Guidelines, or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) your Content and/or Adapted Content, or (e) your gross negligence or wilful misconduct. If you are obligated to indemnify any Protected Parties hereunder, then you agree that Learning Commons (or, at its discretion, the applicable Protected Parties) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Learning Commons wishes to settle, and if so, on what terms, and you agree to fully cooperate with Learning Commons in the defense or settlement of such claim
  1. Arbitration agreement and class action waiver
THIS SECTION CONSTITUTES AN ARBITRATION AGREEMENT (“Arbitration Agreement”). IT REQUIRES YOU AND LEARNING COMMONS TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION, SO PLEASE READ IT CAREFULLY. 10.1 Applicability In the unlikely event we end up in a legal dispute, you and Learning Commons agree that all Disputes, including Enforceability Disputes, will be resolved exclusively in binding arbitration on an individual basis, except that you and Learning Commons are not required to arbitrate IP Disputes. Notwithstanding the foregoing, either you or Learning Commons may bring an individual action in small claims court. (1) A “Dispute” means a dispute, claim or controversy arising out of or relating to the Services or these Terms; whether that dispute is (1) based on past, present or future events; or (2) in tort, contract, warranty, state, regulation, or other legal or equitable basis. (2) An “Enforceability Dispute” means a Dispute relating to the interpretation, applicability, or enforceability of this Arbitration Agreement, including the formation of the contract, the arbitrability of any Dispute, and any claim that all or any part of this agreement is void or voidable. (3) An “IP Dispute” means a Dispute relating to the ownership or enforcement of intellectual property rights. 10.2 Waivers (1) Waiver of Jury Right. YOU AND LEARNING COMMONS ARE EXPRESSLY GIVING UP ALL RIGHTS TO A JURY TRIAL OR COURT TRIAL BEFORE A JUDGE, EXCEPT AS EXPRESSLY PROVIDED IN THIS ARBITRATION AGREEMENT. The arbitrator’s decision will be final and binding on both you and us, subject to review solely on the grounds set forth in the Federal Arbitration Act (“FAA”). (2) Waiver of Class or Consolidated Actions. YOU AND LEARNING COMMONS AGREE THAT ALL DISPUTES MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS. The validity of this waiver – and whether an action may proceed as a class, collective, or representative action – must be decided by a court. 10.3 Initiating a Dispute To initiate a Dispute, a party must send to the other party written notice of that Dispute containing: (a) the name, address, and contact information of the party giving notice; (b) the facts giving rise to the Dispute; and (c) the relief requested. Notices sent to Learning Commons must be sent by mail to the address provided in Section 14 below. You and we agree that the parties shall (in good faith) meet and attempt to resolve the Dispute within 30 days. If the Dispute is not resolved during that time period, then you and a representative of Learning Commons shall (in good faith) meet and attempt to resolve the Dispute through non-binding mediation with a mutually agreed-upon mediator within 30 additional days. If you and we do not reach an agreement to resolve the dispute within that 60-day period, you or we may commence an arbitration proceeding or file a claim in small claims court. 10.4 Arbitration rules and procedure (1) Rules. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Judicial Arbitration & Mediation Services, Inc. (“JAMS”) will administer the arbitration before a single arbitrator, and the arbitration will be initiated and conducted according to the Streamlined Arbitration Rules and Procedures (the “JAMS Rules”), to the extent they are not inconsistent with the terms of this Arbitration Agreement. The JAMS Rules and instructions about how to initiate an arbitration are available at https://www.jamsadr.com/rules-streamlined-arbitration (as of the date of this agreement) or 1-800-352-5267. (2) Fees. Pursuant to the JAMS Consumer Arbitration Minimum Standards, Learning Commons will bear all costs of the arbitration (including any JAMS Case Management Fee and all professional fees for the arbitrator’s services), except for the filing fee if you are the party initiating the arbitration. (3) Manner and Location of Arbitration. You may choose to have the arbitration conducted by telephone, in writing, online, or in person. If in person, you may choose to have the arbitration conducted (a) in San Mateo County, California, (b) if you are not domiciled in the United States, in your country of domicile, or (c) at another location that you and we agree upon. 10.5 Opt out You may opt out of this Arbitration Agreement by notifying us no later than 30 days after first becoming subject to it. Your notice must include your name, address, and a clear statement that you want to opt out of this Arbitration Agreement. Notices sent to Learning Commons must be sent by mail to the address provided in Section 14 of this Agreement. 10.6 Severability If any portion of this Arbitration Agreement is found to be unlawful, void or for any reason unenforceable, then that portion shall be severed and the remainder of this Arbitration Agreement shall be given full force and effect.
  1. General Terms
11.1 Entire Agreement and Waiver These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and your use of the Services, and supersedes all other agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. If any provision of these Terms is found unlawful or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, and any unenforceable terms will be reformed to the extent possible to reflect the intent of the parties. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. 11.2 Governing law These Terms and any Dispute between you and Learning Commons will be governed by California law and/or applicable federal law (including the Federal Arbitration Act) without regard to its choice of law or conflicts of law principles. 11.3 Jurisdiction and venue Subject to and without waiver of the Arbitration Agreement, you agree that any judicial proceedings (other than small claims actions) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the city and county of San Mateo, California, or federal court for the Northern District of California. For countries where this is not permissible, this won’t deprive you of any protection you have under the law of the country where you live, or access to the courts in that country. 11.4 Assignment You may not assign or transfer your rights or obligations under these Terms (or your participation in the Services) to anyone without our consent. However, you agree that Learning Commons may assign these Terms in connection with a reorganization, or to a successor or assign or affiliate that agrees to assume our obligations under these Terms (and Privacy Policy) without your consent. There are no third-party beneficiaries to these Terms. 11.5 Notices You agree the only way to provide us legal notice is at the address provided in Section 14 below.
  1. Update to Terms
We may modify these Terms from time to time in which case we will update the “Last Updated” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a notice on the Services. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.
  1. Termination of access
If you breach any of the provisions of these Terms, all of your rights under these Terms will automatically terminate. Learning Commons may also suspend, disable, or delete your account and/or suspend, terminate or restrict your access to the Services, with or without notice and for any or no reason. In the event of account deletion, Learning Commons may, but is not obligated to, delete any of your Content. Learning Commons assumes no responsibility for any failure to delete or for any deletion of your Content. Provisions of these Terms that naturally survive termination will remain in effect, and termination will not limit any other rights or remedies available to Learning Commons under law or equity.
  1. How to contact us
If you have any questions about these Terms, our Privacy Policy, or our Community Guidelines, please contact privacy@learningcommons.org. You can also reach us by mail at: Learning Commons c /o Chan Zuckerberg Initiative 2682 Middlefield Road, Suite i Redwood City, CA 94063 Attn: General Counsel 15. Product-Specific Terms 15.1 Curriculum Sync Terms Learning Commons offers Curriculum Sync (“Curriculum Sync”), a tool under development that enables schools and districts to load, manage, and use educational curriculum through a learning management system (“LMS”). Curriculum Sync does not access, collect, or process student data. These Curriculum Sync Terms (“Curriculum Sync Terms”) supplement these Learning Commons Terms of Use and apply to your access and use of Curriculum Sync. 15.1.1 Eligibility and Authority to Use Curriculum Sync Curriculum Sync is made available to educational institutions (e.g., a school district or school) (each a “School”) to be used by an educator (“Educator”) or other authorized school personnel, such as principals, administrators, or school district personnel (“School Leader”). Curriculum Sync can also be used by a partner organization engaged in education-related research and development (“Partner”). If you are a School Leader, you represent that you have the authority to bind your School to these Curriculum Sync Terms, in which case the terms “you” or “your” shall refer to such School. If you are an Educator, you represent that you have obtained authorization from your School Leader (and can provide proof of such authorization upon request). If you do not have such authority or if you do not agree with these terms and conditions, you must not accept the Curriculum Sync Terms and may not use Curriculum Sync. 15.1.2 Use of Curriculum Sync as a Beta Tool Curriculum Sync is a beta tool and remains under active development. As such, it may contain errors, experience interruptions, or lack certain features. We may modify, suspend, or discontinue access to Curriculum Sync (or any part of it) at any time, with or without notice. By using Curriculum Sync, you understand and agree that it is provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, and subject to the disclaimers and limitations of liability set forth in the Terms. 15.1.3 Compliance with Applicable Laws and IP Rights In addition to you agreeing to comply with all applicable laws under Section 4.1 of the Terms, you are responsible for obtaining the appropriate rights and/or licenses to the educational curriculum you wish to use with Curriculum Sync. We are not responsible and disclaim any liability for your access and/or use of educational curriculum in connection with Curriculum Sync. 15.1.4 No Commercial Purpose You are not permitted to use Curriculum Sync for commercial purposes. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose, any portion of Curriculum Sync. 15.1.5 Curriculum Sync-Specific Notices and Messages You agree that we can provide notices and messages to you (and your school, if applicable) related to Curriculum Sync in the following ways: (1) within Curriculum Sync, if applicable, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date. Please see our Privacy Policy for more information on how we may contact you and how you may unsubscribe from these communications.