Terms of Use

USE OF MATERIALS

This Site is owned and operated by Big Ideas Learning, LLC (“Big Ideas Learning” or “We” or “Us”). The contents of this Site are owned by or licensed to Big Ideas Learning and/or third parties and are protected by U.S. and foreign copyright, trademark, and other laws. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except:

Modification of the materials or use of the materials for any other purpose is prohibited. The use of any such material on any other web site or networked computer environment is prohibited.

THIRD PARTIES

This Site may provide links to third party websites. Because we do not control such websites, you agree that we are not liable for their content, products or performance. The information practices of those websites are not covered by our Site’s Terms or Privacy Policy, so we recommend that you review any terms of use and privacy policy of any linked third party website before providing any information to that website or using its products and services.

CHANGES TO SITE

We may add, change, discontinue, remove or suspend any portion of this Site at any time, without notice.

TERMINATION

These Terms are effective for the duration of your access to the Site. We reserve the right to terminate your access to the restricted access portions of the Site immediately without notice, if in our sole discretion you fail to comply with any term or provision of these Terms or your license, if you are a repeat infringer of any third party's rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under these Terms or otherwise.

DISCLAIMER

BIG IDEAS LEARNING MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." BIG IDEAS LEARNING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. BIG IDEAS LEARNING DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THIS SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THIS SITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS SITE OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. BIG IDEAS LEARNING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BIG IDEAS LEARNING) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BIG IDEAS LEARNING BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BIG IDEAS LEARNING'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING THIS SITE AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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."

INDEMNIFICATION

By using this Site, you agree to indemnify, defend and hold harmless Big Ideas Learning, its affiliates, parents, subsidiaries, and divisions, and all of their officers, directors, employees, and agents, from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on this Site; or (3) any material uploaded by you or through your computer to this Site or otherwise sent by you to Big Ideas Learning. You will cooperate as fully and reasonably as required by Big Ideas Learning in the defense of any claim. Big Ideas Learning reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Big Ideas Learning.

JURISDICTION

This Site is controlled and operated by Big Ideas Learning from its offices in Pennsylvania or other locations in the United States of America. We make no representation that materials on this Site are appropriate or available for use in other locations. If you access this Site from other locations, you are responsible for compliance with any applicable local laws. Software from this site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania and the federal courts of the Western District of Pennsylvania, Erie Division. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.

SUBMISSIONS

Big Ideas Learning welcomes suggestions and comments regarding this Site. Any comments or suggestions submitted to us, either online or offline, will become Big Ideas Learning's property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by Big Ideas Learning might seem to others to be similar to their own submissions or comments.

PERMISSION FOR REPRINTS

All material on this Site without limitation, is protected by U.S. and foreign copyright and trademark laws. In order to request permission to reprint any material on this Site (outside of personal, non-commercial use), please write to:

Permissions Department

Big Ideas Learning, LLC

1762 Norcross Road

Erie, PA 16510

LINKING

If you link to this Site, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by Big Ideas Learning. Any such link must not damage, dilute or tarnish the goodwill associated with Big Ideas Learning, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Big Ideas Learning. You may not "frame" this Site.

CHANGES TO THESE TERMS OF USE

Big Ideas Learning reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms at any time.