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ACASE Terms & Conditions

ACASE Terms of Use and End User License Agreement 

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING ANY WEBSITE, PRODUCT, SERVICE, APPLICATION, OR OTHER OFFERING PROVIDED BY THE ASSOCIATION FOR THE COOPERATIVE ADVANCEMENT OF SCIENCE AND EDUCATION. IF YOU ARE A MINOR, YOU MAY NOT USE OR ACCESS THIS WEBSITE WITHOUT PERMISSION FROM A PARENT OR GUARDIAN. 

These Terms of Use (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”, “your” or “user”), and The Association for the Cooperative Advancement of Science and Education (“ACASE”, “we”, “us” or “our”), and sets forth your and our responsibilities when you visit, purchase and/or use any ACASE website (including the website located at https://acase.org and all associated webpages and content), software application or software product (including any mobile application(s)), as well as any other media form or media channel provided by ACASE (collectively, the “Website”). YOU MUST READ THESE TERMS OF USE BEFORE USING THE WEBSITE. 

From time to time, ACASE may, at its own discretion, revise, modify and/or update the Terms. If the Terms change, those changes will be posted to this page. You are therefore encouraged to refer to this page on an ongoing basis to ensure you understand and are up to date on the current Terms. 

Terms of Use last updated: [January 29, 2026] 

1. Consent 

All users of the Website agree that access to and use of the Website are subject to the following Terms and other applicable law. By using the Website, you consent to these Terms, including the End User License Agreement (“EULA”) that is incorporated into these Terms for any software and/or software products provided by ACASE, as well as the Privacy Policy located at [https://tinyurl.com/4rwddrcp]. If you do not agree to these Terms, please do not use the website. ACASE may revise, modify and/or update these Terms at any time. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms by your continued use of the Website after such revised Terms are posted. 

2. Use of Website 

You may use the Website, which includes the Content (as defined below in Section 3), only within the United States and, in each case, only for your personal, educational, and/or non-commercial use, except as otherwise provided for in an agreement between you (and/or your employer or educational institution) and ACASE. 

Subject to the Terms, ACASE provides the Website. ACASE may change, suspend, or discontinue the Website, or any part of the Website, at any time, including the availability of any feature, database, or the Content. ACASE may also impose limits on certain features of the Website, or restrict your access to parts or all of the Website, without notice or liability to you. 

You represent and warrant to ACASE that: 

(a) YOU ARE NOT A MINOR IN THE JURISDICTION IN WHICH YOU RESIDE, or IF YOU ARE A MINOR IN THE JURISDICTION IN WHICH YOU RESIDE, YOU MUST HAVE YOUR PARENT(S) OR LEGAL GUARDIAN(S) READ THESE TERMS AND AGREE TO THEM ON YOUR BEHALF; 

(b) if you are a teacher or educator utilizing this website on behalf of your minor students, you must have authorization from the parents or legal guardians of such students to prior to agreeing to the Terms, and prior to utilizing the Website (and be able to provide such authorization to ACASE upon request, e.g., in the form of parental consent forms); 

(c) your use of the Website does not violate any applicable law or regulation; (d) all registration information you submit through the Website is accurate and truthful to the best of your knowledge; and 

(e) you will maintain the accuracy of information you submit through the website. 

If you use the Website with children under the age of thirteen (13), you further represent and warrant that: 

(a) you are a teacher, parent, guardian, caregiver, or administrator at an educational institution; 

(b) if you are a teacher or administrator, that you have accurately identified the educational institution that employs you; 

(c) that you have not previously been suspended or removed from the Website based on a violation of these Terms or other impropriety; 

(d) that your registration complies with all applicable laws and regulations; and (e) that all information you submit is accurate and truthful, including all information provided to register your ACASE Account (defined below). 

If your employment with an educational institution with which your ACASE Account (defined below) is associated is terminated, or if you lose your authorization to view or use the records of minors (including children under the age of 13) with which your ACASE Account is associated, you must immediately notify ACASE of such change and you may not continue to access or use your ACASE Account or the data available through such access or use. 

2.1 ACASE Account 

To use certain features of the Website, you may be required to sign up for an account (“ACASE Account”) with ACASE through the Website and to select a username and password. Alternatively, you may be required to sign up for an ACASE Account through a third-party provider, such as through a Microsoft account, Google account, Apple account, Clever account, or an account from another, third party service provider. You understand and agree that you are responsible for maintaining the secrecy and/or confidentiality of your password and any other account credentials. If you become aware of any unauthorized access and/or use of your ACASE Account, you agree to immediately notify ACASE of such use. You agree to provide ACASE with accurate, complete and updated registration information, and, if applicable, to subscribe to and pay any fees associated with your ACASE Account. Failure to do so shall constitute a breach of these Terms, which may result in immediate suspension and/or termination of your ACASE Account and/or of your access to the Website. The Website may not function properly if you do not keep your ACASE Account and/or subscription up-to-date and pay any fees associated therewith, as outlined in Section 8 of these Terms. 

ACASE reserves the right to provide or deny access to a minor’s account upon a request from an authorized adult. 

2.2 Electronic Contracting 

Your use of the Website includes the ability to enter into agreements and/or make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE WEBSITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, AND CONTRACTS. In order to access and retain your electronic records, you may be required to have certain hardware and/or software, which are your sole responsibility to obtain and/or maintain. 

2.3 Misuse of the Website 

You may not access or use the Website for any purpose other than that for which ACASE makes it available. The Website therefore may not be used in connection with any commercial endeavors except those that are specifically endorsed and/or approved by ACASE. Once you activate an ACASE Account on or otherwise access or use the Website, you agree not to: 

(a) distribute, market, resell, transfer, or allow any other individual (except in the case of a child and parent/guardian context, or in the student and educator context with express consent of the student’s parent or guardian) to use the ACASE Account and/or other features of the Website that is/are registered to you; 

(b) use the Website, directly or indirectly, in connection with any products or services not supplied, provided by or otherwise authorized by ACASE in writing; 

(c) use the Website, directly or indirectly, for any purpose relating to the development and/or training of any machine learning (“ML”) and/or artificial intelligence (“AI”) activities and/or technologies, including, but not limited to, using the Website or any Content thereon to build, create, train, retrain, enhance, and/or tune any AI or ML technologies (whether belonging to you or a third party); 

(d) remove any proprietary notices, labels or marks in or on the Website, including, without limitation, intellectual property notices; 

(e) access, circumvent, decipher, decrypt, decompile, disassemble, reverse engineer, or otherwise alter or interfere with, or attempt to derive any source code or underlying ideas or algorithms of any part of the Website; or (f) use the Website in any manner that: 

(i) infringes or violates any third-party rights, including intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights; 

(ii) violates any law, statute, ordinance, by-law, or regulation; 

(iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable to ACASE in its own discretion; 

(iv) involves commercial activities or sales without ACASE’s prior written consent such as contests, sweepstakes, or advertising; 

(v) impersonates any entity, including, without limitation, any employee or representative of ACASE or any of its affiliates; 

(vi) interferes with, interrupts, damages, disables, overburdens, or impairs the Website, or with any other party’s use and enjoyment of the Website, including, without limitation, through the transmission or introduction of a bug, virus, trojan horse, worm, time bomb, cancel bot, flood ping, denial of service attack, packet or IP spoofing, forged routing, or other harmful computer code(s), file(s) or program(s). Further, you shall not obtain or attempt to obtain any material(s) or information from the Website through any means not intentionally made publicly available or provided for through the Website, including through the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any part of the Website; such uses are strictly prohibited. 

You are responsible for your activity in connection with the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your ACASE Account and/or of your access to the Website and may result in legal action being taken against you. 

2.4 Management of the Website 

ACASE, at its sole discretion and without limitation, notice to you or liability to ACASE, reserves the right, but does not have the obligation, to: 

(a) monitor the Website for any violation(s) of these Terms; 

(b) take appropriate legal action against anyone who violates these Terms, including, without limitation, reporting such person(s) to law enforcement authorities; 

(c) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s ACASE Account, contribution(s) or submission(s) to or on the Website, or any portion(s) thereof which may violate these Terms or ACASE policies; 

(d) remove from the Website or otherwise disable any or all files and material(s) that are excessive in size or are in any way burdensome to ACASE’s system(s); and 

(e) otherwise manage the Website in a manner designed to protect the rights and property of ACASE and others to facilitate the proper functioning of the Website. ACASE reserves the right to address any conduct which may be harmful to an educational environment. 

3. Intellectual Property 

The content of the Website including, without limitation, any source code, database(s), data functionality, software(s), website design(s), text(s), graphic(s), photograph(s), article(s), image(s), video(s), video file(s), audio, audio file(s), illustration(s), work(s) and other material(s) contained in or on the Website (the “Content”) is or are protected by intellectual property laws, such as copyright and trademark, under both United States and foreign laws. ACASE retains full ownership of the Content. You agree to abide by all intellectual property notices and restrictions contained in the Terms and/or in any content accessed through the Website, and you agree not to copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose whatsoever any Content or third party submissions or other proprietary rights owned by ACASE or others (a) without the express written consent of the respective owner(s), and (b) in any way that violates any ACASE or third-party right. Any use of the Content not expressly permitted by these Terms or another agreement with ACASE is a breach of these Terms and may violate copyright, trademark, and/or other law. Any special rules for the use of certain Content and/or other material(s) accessible on or through the Website may be included elsewhere on or within the Website and are incorporated into these Terms by reference. All rights not expressly granted in these Terms, elsewhere on the Website, or in a separate agreement between you and ACASE are reserved to ACASE. 

You agree not to copy, decompile, disassemble, reverse engineer or manipulate any technology in order to modify or tamper with the Website or any Content. Nothing in these Terms or the fact that you have access to the Website or the Content gives you any right, title, interest or license in or to the same, or in or to any technology or any intellectual property rights of the foregoing. 

3.1 Copyright 

ACASE authorizes you to download a single copy of the Content solely for your own personal or educational use, provided that: 

(i) such downloading and/or use of the Content is noncommercial; 

(ii) such downloaded content is not shared with other individuals or entities; 

(iii) such downloading and/or use of the Content is consistent with other provisions in this Agreement, including those within Sections 2 and 27 which prohibit certain acts with respect to underlying source code, database(s), and other Content which ACASE does not make readily available to you through regular use of the Website; and 

(iv) you include the following copyright notice in addition to any other software and proprietary right notices that are contained in the Content: 

Copyright © 2026, Association for the Cooperative Advancement of Science and Education, Inc. All rights reserved. 

3.2 Trademarks 

All trademarks, service marks, and trade names of ACASE appearing in and/or on the Website (including the Content), or used in connection therewith, are trademarks or

registered trademarks of ACASE, or are licensed for use from a third party by ACASE. Nothing contained in or on the Website should be construed as granting, by implication or otherwise, any license, title, interest, or right of use to reproduce, display, or otherwise use our or any third-party’s trademark(s), service mark(s), graphic(s) or logo(s) displayed on the Website and/or contained in the Content without written permission of ACASE or a third-party owner thereof. 

4. Third Party Content 

The Website, including the Content, may contain materials, including, without limitation, text, graphics, photographs, articles, images, video files, audio files, illustrations, works and other material(s) that is or are owned by third parties (the “Third Party Content”). Third Party Content is governed by the terms of use and privacy policies of the third-party owners thereof. You agree to comply with any terms and conditions that are specific to the Third Party Content, including their terms of use and privacy policies. ACASE has no control over, and assumes no responsibility for, the content, privacy policies, or practices of the Third Party Content or the owners thereof. Unless applicable law in your jurisdiction provides otherwise, you expressly release ACASE from any and all liability arising from your use of any Third Party Content. 

5. Third Party Links 

To provide increased value to users and visitors, the Website may contain links to websites owned and/or operated by third parties. These links are provided as a convenience and for informational purposes only. These Terms do not apply to third-party websites, and ACASE bears no responsibility for the accuracy, legality, or content of any third-part website or for that of any subsequent links which may appear on any third-party website. The presence of third-party website links neither represents an affiliation, partnership, or connection with the third-party website’s owner and/or operator, nor do the presence of such links constitute an endorsement, sponsorship or approval by ACASE of any of the products, services, information, or opinions of the third-party website’s owner and/or operator. ACASE has no control over third-party websites, all of which have separate terms of use, privacy policies, and data collection practices, independent of ACASE and of these Terms. You therefore access these third-party websites at your own risk, and it is suggested that you review the terms of use as well as any privacy policy or other applicable policy or policies of any website accessed through third party links. ACASE welcomes any feedback on third-party links, including if a link does not work or directs somewhere other than would otherwise be expected based on context. 

6. User Material(s) 

(a) Ownership: Some content that you share or upload using the Website, such as photos, videos or writings (“User Material(s)”) may be protected by intellectual property laws. You retain ownership of the intellectual property rights (such as copyrights and trademarks) in any such User Material(s) that you create and share using the Website. Nothing in these Terms takes away the rights you have to your own content. 

(b) License to ACASE: When you share, post, or upload User Material(s) that is/are covered by intellectual property rights on or in connection with the Website, you grant to ACASE a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of such User Materials (in a manner consistent with ACASE’s Privacy Policy). This license will end when your User Material(s) is/are deleted from the Website. 

(c) Deleting User Content: You can delete individual User Material(s) that you share, post, and upload at any time. Additionally, all User Material(s) posted to your personal account may be deleted if you or ACASE deletes your ACASE Account, and all User Material(s) posted to an ACASE Account you use through an educational institution may similarly be deleted when you or that educational institution deletes such ACASE Account. It is your responsibility to maintain copies of any User Material(s), and ACASE is not responsible for the loss of any such User Material(s). 

7. DMCA Compliance and Repeat Infringer Policy 

ACASE’s policy is to respond to notices of alleged copyright infringement in or on the Website (including the “Content”), or in the User Material(s) that comply with the Digital Millenium Copyright Act of 1998 (“DMCA”). If you believe in good faith that materials hosted on the Website infringe your copyright rights, you (or your agent) may send ACASE a notice requesting that the material be removed, or that access to such material be blocked. 

Under these Terms, you are responsible for ensuring the materials you upload to the Website do not infringe any third-party copyright. Additionally, the Terms generally prohibit you and other users from using the Website to infringe the intellectual property rights of any person or entity. 

If you are a copyright holder who believes that any of the material(s) on the Website (e.g., any part of the Content, Third Party Content, or User Material(s)) violate(s) your copyright right(s), please follow the guidelines and procedures below to provide ACASE with appropriate notice. ACASE will respond to clear written notices alleging copyright infringement that comply with, or substantially comply with, the procedures outlined below. 

Notices and counter-notices with respect to the Website must meet the current statutory requirements imposed by the DMCA at the time of submission and should be sent to the designated agent identified in Section 7.4 of these Terms. ACASE suggests that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA. 

7.1 Submitting a DMCA Notice 

A proper DMCA notice must include the following information: 

(i) a physical or electronic signature of the owner or a person authorized to act on behalf of the owner of the copyright that is allegedly infringed (e.g., “/insert full name/”); 

(ii) identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); 

(iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow ACASE to locate the material on the Website (e.g., URL(s)); 

(iv) the name, address, telephone number, and email address (if available) of the complaining party or its authorized agent; 

(v) a statement that the complaining party has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 

(vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Please be advised that ACASE has no obligation to respond to complaints that do not meet these requirements, but may respond at its own discretion where such notice substantially complies with the requirements above, such that ACASE can perform a proper inquiry into the allegedly infringing subject matter. ACASE may share your information with third parties when we forward DMCA complaint notifications, which will be forwarded as submitted to us without any deletions. If ACASE determines that the materials alleged to infringe your copyright do not require removal, ACASE will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful. 

7.2 Submitting a DMCA Counter-Notice 

If you believe in good faith that a notice of copyright infringement has been wrongly submitted against you, the DMCA permits you to send ACASE a counter-notice. Counter-notices must include the following information: 

(i) your name, address, and telephone number; 

(ii) the source of the material(s) that was/were removed; 

(iii) a statement under penalty of perjury that you have a good-faith belief that the material(s) was/were removed in error; 

(iv) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located; or, if you address is outside the United States, for any judicial district in which ACASE may be found, and that you will accept service of process from the person who provided the original complaint; and 

(v) a physical or electronic signature from you or an agent authorized to act on your behalf (e.g., “/insert full name/”). 

7.3 Repeat Infringer Policy 

Pursuant to these Terms, if a user of the Website engages in “repeat infringement” we may terminate the user’s access to and/or use of the Website, including deleting any ACASE Account(s) associated to such user and/or terminating any services (including subscription services), without notice, and the user will no longer be permitted to access or use the Website. “Repeat infringement” is defined as two (2) or more instances, as determined by ACASE in its sole discretion, where a user has infringed the copyright rights of another person or entity. In the event a user’s materials are removed due to a DMCA notice and then subsequently restored as a result of a DMCA counter-notice, then ACASE will treat the underlying DMCA notice as withdrawn. ACASE reserves the right to terminate the use and/or access of the Website, including terminating ACASE Accounts, that are subject to fewer than two (2) instances of infringement of the copyright rights of another person in appropriate circumstances, including when the user has a history of violating and/or willfully disregarding other provisions of these Terms. 

7.4 Designated Agent 

Please submit all DMCA notices and counter-notices regarding claims of copyright infringement to: 

ACASE Copyright Agent 

110 Spring Street, 

Saratoga Springs, New York 12866 

legal@acase.org 

8. Fees and Payment 

ACASE may bill you online through your ACASE Account using purchasing information provided by you. Alternatively, ACASE may bill you using another method to which you have consented, for example, by billing you through a third-party account associated with your ACASE Account, or by sending you a bill in the mail. You agree to make payment(s) using the payment information you provide for all applicable fees and/or charges incurred in connection with your use of the Website or the Content, including for any subscription(s) which you select. You agree to pay all access, usage, activation and deactivation fees, and other charges that we bill you for or that any user of your ACASE Account accepts. All payments must be made in U.S. dollars. 

You are responsible for, and agree to pay, all taxes, fees, and surcharges (collectively, “Sales Taxes”) set by any governmental agency or taxing authority. Applicable Sales Taxes may be added to the purchase price of any subscription or other product or service offered through the Website. Usage charges, taxes, and other fees may vary depending on where, when, and how you use the Website. Where ACASE bills you for Sales Taxes, you agree to pay such Sales Taxes concurrently with the amounts on which the Sales Taxes are calculated. 

You may be required to pay in advance by credit card or debit card. All amounts due must be paid by the due date to avoid any late fees, possible deactivation of your ACASE Account, and/or restrictions or prohibitions on your use of and/or access to the Website. ACASE reserves the right to suspend, deactivate or terminate your ACASE Account and/or your access to and/or use of the Website immediately, and report any late payment or non-payment to credit reporting agencies. ACASE also reserves the right to refuse any order placed through the Website, for any reason, in its sole discretion. ACASE may therefore, in its sole discretion, limit or cancel quantities of purchases, for example, without limitation, on a per person, per household, per organization, or per order basis. 

ACASE reserves the right to change its price list and to institute new charges at any time, upon notice to you where such changes affect the cost of any purchase for which a purchase order has already been placed, including for subscriptions. Your continued use of the Website following such notification constitutes your acceptance of any new or increased charges. Unless otherwise expressly set forth herein or in a separate agreement with ACASE, any fees paid hereunder are non-refundable. 

Subscriptions: If you have ordered or purchased from the Website any subscription(s) for any subscription-based product(s) or service(s), you acknowledge and understand that such product(s) and service(s) are subject to recurring charges, and that you consent to ACASE charging your selected method on a recurring basis, without requiring prior approval from you for each recurring charge until such time as you cancel the applicable subscription. Subscriptions may be canceled in accordance with an applicable subscription agreement entered into as part of the original purchase of the subscription at issue. 

9. Website Information 

ACASE has made a conscientious effort to display and describe products and services, including information regarding subscriptions, offered or otherwise available through the Website accurately so that you can assess such products and services. However, any information provided regarding a particular product or service is approximate and is provided only for convenience. Furthermore, ACASE is constantly improving its Website, including information contained in the Content. Consequently, ACASE cannot and does not guarantee the accuracy of product or service information, including descriptions, prices and availability. ACASE reserves the right, at its sole discretion, to redesign and/or change information provided on the Website, or the manner of carrying out services, in order to improve the value and/or provide more accurate information therein. 

10. Typographical Errors 

The Content may contain technical inaccuracies or typographical errors; ACASE reserves the right to correct any such technical inaccuracies or typographical errors. ACASE reserves the right to refuse or cancel any orders placed for products or services (including subscriptions) which are mistakenly listed at an incorrect price. 

11. Privacy of Personal Information 

ACASE cares about your privacy. In these Terms, “Personal Information” means information that identifies, relates to, describes, is reasonable capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. Personal Information will be used by ACASE solely in accordance with these Terms and ACASE’s Privacy Policy, which can be found at [https://tinyurl.com/4rwddrcp], and which is hereby incorporated into these Terms by reference. Please be sure to review ACASE’s Privacy Policy, especially where the Website is or will be used by children under the age of 13, to ensure you understand ACASE’s policies with respect to the collection and use of Personal information. 

By accepting these Terms, you provide ACASE with your express consent to collect, use and dispose of Personal Information that you provide to ACASE in accordance with our Privacy Policy, for the purpose of providing to you, and any person you authorize, access to and/or use of the Website. 

12. Submissions 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website provided by you to ACASE (“Submissions”) are non-confidential and ACASE shall be entitled to the unrestricted use and dissemination of such Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you, so long as such use and dissemination does not violate any applicable law and is used in accordance with the Privacy Policy where such Submission includes Personal Information. 

13. Warranty Disclaimer 

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ACASE IS PROVIDING THE WEBSITE (INCLUDING THE CONTENT, ANY APPLICATION(S), PRODUCT(S) AND/OR SERVICE(S) THEREON) ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU FURTHER AGREE THAT COMPLIANCE WITH LOCAL LAW IN YOUR USE OF THE WEBSITE WILL BE YOUR SOLE RESPONSIBILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, ACASE DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, IN CONNECTION WITH USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, IN ADDITION TO ALL WARRANTIES ARISING BY USAGE, TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACASE THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. 

ACASE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE INTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT HOSTS THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACASE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN OR ON THE WEBSITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. ACASE WILL THEREFORE ASSUME NO LIABILITY OR RESPONSIBILITY FOR (1) ERRORS, MISTAKES OR INACCURACIES IN THE WEBSITE, INCLUDING IN THE CONTENT, (2) ANY UNAUTHORIZED ACCESS TO OR USE OF ACASE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN (SUBJECT TO, OR IN ACCORDANCE WITH, OUR PRIVACY POLICY), (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (4) ANY BUGS, VIRUSES, TROJAN HORSES, WORM, TIME BOMB, CANCEL BOT, FLOOD PING, DENIAL OF SERVICE ATTACK, OR OTHER HARMFUL COMPUTER CODE, FILE, OR PROGRAM OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY CONTENT ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESS OR DOWNLOADING OF THE CONTENT. 

SOME STATES/JURISDICTIONS DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE MODIFICATION OR EXCLUSION OF IMPLIED WARRANTIES. 

14. Limitation of Liability 

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. WHEN USING THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF ACASE. ACCORDINGLY, ACASE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION AND/OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR ALL DATA THAT YOU TRANSMIT OR THAT RELATES TO ANY ACTIVITY YOU HAVE UNDERTAKEN USING THE WEBSITE. UNLESS APPLICABLE LAW IN YOUR JURISDICTION PROVIDES OTHERWISE, YOU AGREE THAT ACASE SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSS OR CORRUPTION OF SUCH DATA, AND YOU HEREBY WAIVE ANY RIGHT OF ACTION AGAINST ACASE FOR ANY SUCH LOSS OR CORRUPTION OF DATA. 

IN NO EVENT SHALL ACASE, ITS AGENTS, OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES OR ANY OTHER PARTY MENTIONED ON OR IN THE WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ACCESS OR INABILITY TO ACCESS, OR FROM THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ACASE, ITS AGENTS, EMPLOYEES, DIRECTORS, AFFILIATES OR ANY OTHER PARTY MENTIONED IN OR ON THE WEBSITE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACASE, ITS AGENTS, EMPLOYEES, DIRECTORS, AFFILIATES AND ANY OTHER PARTY MENTIONED IN OR ON THE WEBSITE ARE NOT LIABLE FOR ANY PERSONAL INJURY ARISING FROM YOUR USE OR MISUSE OF THE WEBSITE.  ANY CLAIMS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF OCCURRENCE OF THE EVENT GIVING RISE TO SUCH ACTION. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPLESSLY PROVIDED FOR IN THESE TERMS. 

IF ANY EXCLUSION, DISCLAIMER, OR OTHER PROVISION CONTAINED IN THESE TERMS IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND AS A RESULT ACASE, ITS AGENTS, EMPLOYEES, DIRECTORS, AFFILIATES AND ANY OTHER PARTY MENTIONED IN OR ON THE WEBSITE BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, THE MAXIMUM, AGGREGATE LIABILITY OF ACASE OR SUCH OTHER PARTY OR PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, ANY PORTION OF THE WEBSITE OR OTHERWISE UNDER THESE TERMS, WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (I) ONE HUNDRED DOLLARS ($100.00 USD), OR (II) THE AMOUNT ACTUALLY PAID BY YOU TO ACASE HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE DATE YOU FIRST BRING A CLAIM. 

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

THIS NEGATION AND LIMITATION OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND ACASE WHICH PERMITS YOUR USE OF THE WEBSITE, AND YOU ACKNOWLEDGE THAT ACASE WOULD NOT PROVIDE THE WEBSITE TO YOU ABSENT SUCH LIMITATIONS. 

15. Exclusion of Other Warranties 

No employee, agent, representative or affiliate of ACASE is authorized to bind ACASE through oral representations and/or warranties concerning the Website. Any oral representation or warranty not expressly contained in these Terms will not be enforceable. 

16. Testimonial Disclaimer 

The Website may contain testimonials by users of the Website. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of your experience(s) or the experience(s) of others beyond the user from whom a respective testimonial was collected. ACASE does not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY. The views and opinions contained in any testimonial(s) belong solely to the individual user(s) from whom testimonials are collected, and do not reflect the views and opinions of ACASE. ACASE is not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials. 

17. Artificial Intelligence Use and Disclaimer 

ACASE may provide artificial intelligence (“AI”) and/or machine learning (“ML”) tools or features on the Website. Such AI/ML tools may enable users to submit data, process data, and/or receive AI/ML generated outputs (“AI/ML Outputs). By accessing, using or otherwise interacting with any AI/ML tools, you agree to the implementation of such AI/ML tools as part of the Website. ACASE may use your AI/ML inputs or the AI/ML Outputs to train or otherwise improve such AI/ML tools, subject to our rights to use User Materials and in accordance with our Privacy Policy. The third-party vendors of any AI/ML tools included in the Website are set out in ACASE’s current sub-processor list. 

Any AI/ML inputs provided by you are deemed User Material(s). You are solely responsible for the information contained within any AI/ML inputs you submit and for compliance with applicable laws, including but not limited to data privacy laws and intellectual property laws. Please do not submit Personal Information (as defined in ACASE’s Privacy Policy) or sensitive data using any AI/ML tools on the Website. 

ACASE does not guarantee the accuracy, correctness, completeness, and/or reliability of any AI/ML Outputs or other information generated by AI/ML tools. You understand and agree that your use of any AI/ML tools on the Website and/or any AI/ML Outputs are at your own risk, and you are responsible for verifying all information contained in such AI/ML Outputs. AI/ML tools should be used as a starting point, and it is the final responsibility of the user (and/or of any parent(s), guardian(s), teacher(s), educator(s), administrator(s), or other authorized adult(s) thereof) generating AI/ML Outputs to verify the accuracy, correctness, completeness, and/or reliability of such information before using such AI/ML Outputs and/or incorporating any such AI/ML Outputs into educational materials. 

18. Indemnity 

You agree to indemnify, defend, and hold harmless ACASE, its officers, directors, employees, agents licensors, affiliates and suppliers from and against any and all claims, actions or demands, liabilities, and settlements, losses, expenses, damages and costs, including reasonable attorneys’ fees, made by any third party due to or resulting from your (i) use of and/or access to the Website; (ii) breach of these Terms (including by negligent or wrongful conduct); and/or (iii) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding any of the foregoing, ACASE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your own expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

19. Mandatory Arbitration and Class Waiver 

CERTAIN STATE LAWS DO NOT ALLOW FOR WAIVERS TO BRING PROCEEDINGS BEFORE A LOCAL COURT OR TO BRING CLASS PROCEEDINGS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING LIMITATIONS UNDER THIS ARBITRATION CLAUSE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

You agree that any dispute relating in any way to your visiting or using the Website or otherwise related to these Terms (“Disputes”) will be resolved exclusively through confidential arbitration, rather than in court, and that such arbitration is governed by the laws of the State of New York, without regard to principles of conflict of laws. The United States Federal Arbitration Act governs the interpretation and enforcement of any arbitration mandated under this section. Any question as to the validity of this section shall be submitted to confidential arbitration and decided by an arbitrator. 

If a dispute arises under these Terms, you agree to first contact ACASE at legal@acase.org and attempt to negotiate any Dispute (except for those Disputes for which another option is expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceedings. Such informal negotiations shall commence upon written notice from one party to another (e.g., from you to ACASE, or from ACASE to you). Before submitting a Dispute to arbitration, you and ACASE may choose to informally resolve the Dispute. 

If any Dispute cannot be resolved informally, you agree that any and all Disputes, including relating to the validity of this Mandatory Arbitration and Class Waiver clause, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or we may commence the arbitration process by submitting a written demand for arbitration with the AAA and providing notice to the other party after observing the thirty (30) day informal dispute resolution period outlined above. The arbitration will be conducted in accordance with the AAA’s Commercial Arbitration Rules, in effect at the time of submission of the demand for arbitration. The AAA’s rules are available at https://www.adr.org. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both you and ACASE. 

Notwithstanding the foregoing, you agree that the following will not be subject to arbitration or the requirements above regarding informal dispute resolution and may be adjudicated only in the state and federal courts of New York: (a) any dispute, controversy or claim relating to or contesting the validity of ACASE’s intellectual property rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (b) an action by ACASE for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (c) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities. 

You agree to refrain from bringing or joining any claims in representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class wide arbitration. 

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, each party consents to the non-exclusive jurisdiction of the courts of the state of New York, or to any federal court located within the state of New York for any action (a) to compel arbitration, (b) to enforce any award of the arbitrator, or (c) at any time prior to the qualification and appointment of the arbitrator, for temporary, interim or provisional equitable remedies. Each party further consents to service of process in any action by registered mail or any other means provided by law. Nothing herein shall prohibit ACASE from seeking a temporary restraining order, preliminary injunction, or other provisional relief if, in its judgment, such action is necessary to avoid irreparable damage. Should this Mandatory Arbitration and Class Waiver be deemed invalid or otherwise unenforceable for any reason, it shall be severed, and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts having jurisdiction over the State of New York. 

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION AS DESCRIBED ABOVE. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION. 

You shall have ninety (90) days from the earliest date that you visit or use the Website, or the date on which you purchase any ACASE-provided product or service (including subscriptions), to opt out of this arbitration agreement by contacting ACASE at legal@acase.org. If you do not opt out within the ninety (90) day window following your first visiting the Website, or your purchase of any ACASE subscription product or service, then you are not eligible to opt out of this arbitration clause. 

20. Term; Termination 

The Terms are applicable to you upon accessing or using the Website. The Terms, or any part of the Terms, may be changed or terminated by ACASE without notice at any time, for any reason. If you violate any of the Terms, your permission to use the Website automatically terminates, and you must immediately cease using the Website and destroy any copies you have made of any portion of the Content. If ACASE terminates or suspends your ACASE Account for any reason, you are prohibited from registering and creating a new ACASE Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your ACASE Account, ACASE reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal and/or injunctive redress. 

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, ACASE RESERVES THE RIGHT TO, IN ACASE’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION, AND ACASE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE WEBSITE, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED OR STORED AT ANY TIME, WITHOUT WARNING. 

21. Survival 

The provisions relating to Intellectual Property, Limited Warranty, Warranty Disclaimer, Testimonial Disclaimer, Limitations of Liability, Artificial Intelligence Use and Disclaimer, Exclusion of Other Warranties, Severability, Rights Reserved, Indemnification, Governing Law, Warning, and Miscellaneous, shall survive any termination. 

22. Severability 

If any provision of the Terms is or is deemed to be invalid, illegal, void, or otherwise unenforceable, then that provision will be deemed severed from the Terms and, to the fullest extent permitted by law, will not affect the validity or enforcement of any remaining provisions of the Terms. 

23. Notice 

ACASE may deliver notice to you by means of e-mail, a general notice on the Website, or any other reliable method utilizing contact information you have provided to ACASE. 

24. Rights Reserved 

ACASE reserves the right to refuse service and/or to terminate your access to the Website, or any of the Website’s features (including the Content) in its sole discretion, including, without limitation, if ACASE believes that your conduct violates these Terms, applicable law, or is otherwise harmful to the interests of ACASE. 

25. Governing Law 

The Terms are governed by the laws of, and each party submits to the exclusive venue and jurisdiction of, the state or federal courts in the State of New York, U.S.A., without regard to choice of law provisions. 

26. Miscellaneous 

ACASE’s failure to insist upon or enforce strict performance of any provision in these Terms shall not be construed as a waiver of any right or provision. There is no joint venture, partnership, employment or agency relationship created between you and ACASE as a result of these Terms or your access to and/or use of the Website. Neither the course of conduct between you and ACASE, nor trade practice, shall act to modify any of these Terms except where explicitly agreed to between you and ACASE in writing. ACASE may assign its rights and duties under these Terms to any party at any time without notice to you. 

ACASE makes no claim(s) that the Website or any Content thereon are appropriate for downloading outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. 

You agree that these terms will not be construed against ACASE merely by virtue of having drafted them. You hereby waive any and all defenses you may have had based on the electronic form of these Terms and the lack of singing by you and ACASE to execute these terms. 

27. End User License Agreement 

This End User License Agreement (“EULA”) governs your use of any software application(s) provided by ACASE (the “Application”). By accessing or downloading the Application, including the Chrono software application, you agree to the terms of this EULA, in addition to the Terms set out above. 

(a) Ownership 

The Application is licensed and not sold. The Application is protected by intellectual property laws, including copyright law, and treaties. You agree that ACASE and its licensors retain all right, title and interest in and to the Application and all copies of the Application, including all intellectual property therein. 

Any rights not expressly granted to you are reserved by ACASE. Neither this EULA nor any act by ACASE pursuant to or in connection with this EULA shall be construed to provide expressly, by implication, by way of estoppel, or otherwise, any license or any rights under any patents, copyrights, trademarks, or other intellectual property rights of ACASE, except as expressly provided herein. 

(b) License Grant 

Subject to the terms and conditions in this EULA, ACASE hereby grants you a non-exclusive, non-transferable, limited license to use the Application. The terms of this EULA will govern any upgrades provided by ACASE that replace, supplement or modify the original Application unless such upgrade is accompanied by a separate license, in which case the terms of that separate license will govern. You may activate and use the Application by accessing it from the ACASE website. 

Terms of Use and Privacy Policy 

ACASE’s Privacy Policy (located at [https://tinyurl.com/4rwddrcp]) explains how ACASE treats your information and protects your privacy when you use the Application. Your use of the Application, including the underlying software and any Content therein, is governed by the Terms in which this EULA is presently incorporated. 

(c) Use and Restrictions 

You agree that you are solely responsible for (and that ACASE has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under this EULA or the Terms in which this EULA is incorporated, or for the consequences (including any loss or damage which ACASE may incur) of any such breach. 

You agree not to take any action to circumvent or defeat the security or Content usage rules provided, deployed and/or enforced by any functionality contained in the Application. 

This EULA does not allow you to use the Application with any other software or like product which you do not own, control, or otherwise have permission to use, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. 

You agree not to use the Application in any manner that could damage, disable, overburden, or impair the Application (including any servers and/or networks connected to the Application) provided by ACASE. 

(i) Intellectual Property Rights 

You acknowledge that the Application (including all Content therein) contains proprietary and confidential information that is protected by applicable intellectual property laws and other laws, and that ACASE and/or third parties own all right, title and interest in and to the Application, excluding any User Material(s) provided by you, that may be presented and/or accessed via the Application, including without limitation all intellectual property rights therein. These intellectual property rights mean any and all rights existing from time to time under patent law, copyright law, trade secret law, unfair competition law, and any and all other proprietary rights, now or hereafter in force and effect worldwide. 

You agree not to (and agree not to encourage or allow others to) copy, create derivative works, reproduce, modify, and/or distribute the Application, or otherwise exceed the scope of the foregoing license. Subject to applicable law, you agree not to decompile, reverse engineer, disassemble, or otherwise attempt to learn the source code, structure, or algorithms underlying the Application. You further agree not to (A) remove any copyright, trademark, or other proprietary notice from the Application; (B) sublicense or transfer to Application or any part of the Application to a third party; (C) extract or replace any part of the Application or Software; or (D) sell, rent, lease, lend, provide commercial hosting services, or otherwise transfer the Application, especially for value. 

(d) Consent to Use of Data 

You agree that ACASE may collect and use technical data and related information, including but not limited to technical information about your device, system, software, and peripherals, which is gathered periodically to facilitate the provision of updates to the Application, product support, and/or other services to you (if any) related to the Application, subject only to ACASE’s Privacy Policy. 

(e) Apple Users 

Additional Terms and Conditions for Apple Users. Note that the terms and conditions of this paragraph apply to you only if you downloaded a mobile application provided by ACASE through Apple Inc.’s App Store. You acknowledge that this EULA is between you and ACASE, and that Apple Inc. (“Apple”) bears no responsibility for any mobile application provided by ACASE of the contents thereof. The license grant under this EULA is a non-transferable license to use mobile applications provided by ACASE on any Apple-branded products that you own or control as permitted by this EULA and the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that any mobile application provided by ACASE may be accessed and used by other ACASE Accounts associated with you through “Family Sharing” (as defined in the Apple Media Services Terms and Conditions) or volume purchasing. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any mobile application provided by ACASE. In the event of any failure of any mobile application provided by ACASE to conform to any applicable warranty, you may notify Apply, and Apple will refund the purchase price (if any) of the mobile application to you provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. Apple is not responsible for addressing any claims by you or a third party relating to mobile applications or your usage of the same, including, without limitation, (i) product liability claims; (ii) any claim that a mobile application provided by ACASE fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claims that any mobile application provided by ACASE or your possession and/or use thereof infringes a third party’s intellectual property rights, Apple will not be responsible for any investigation, defense, settlement, or discharge thereof. Apple and its subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof. 

(f) Export Controls 

You represent and warrant that you are not (i) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties. 

(g) Termination of the EULA 

This EULA shall terminate immediately, without notice, if you fail to comply with any material term of this EULA; in such an event, you must immediately delete the Application from your device(s). In addition, ACASE may terminate this EULA at any time upon notice to you and by posting notice on the Application, such as on the home screen for any Application for which the EULA is being terminated. You may terminate your future rights and obligations under this EULA at any time by permanently deleting the Application from your device(s) in its entirety. 

(h) Miscellaneous 

Compliance with all intellectual property laws and software licenses included in this EULA are the responsibility of you. ACASE reserves the right to change the terms and conditions of this EULA by posting a revised EULA on the Application, by mailing or emailing notice of an updated EULA to you, or by posting a notice on the home page of the Application which links to an updated version of the EULA posted on this webpage. In addition, ACASE may add, modify, and/or delete any aspect, program, and/or feature of the Application. ACASE is further under no obligation to add any upgrade, enhancement, or modification to the Application. Your continued use of the Application following any announced change thereto will be conclusively deemed acceptance of any change to the terms and conditions of this EULA (and acceptance of the version of this EULA then in effect). Accordingly, please review this EULA periodically to keep up to date on its terms and conditions. 

28. Complete Agreement 

Except as expressly provided in a particular “legal notice” on the Website, or as otherwise provided in a written agreement between you (or your educational institution) and ACASE, these Terms (including the EULA) and ACASE’s Privacy Policy constitute the entire agreement between you and ACASE with respect to the access to and/or use of the Website (including, without limitation, the Application and the Content). 

29. Comments and Questions 

General questions or comments regarding the Website should be submitted to ACASE at the following: 

Email: info@acase.org