Terms of Service
Effective: April 30, 2018
This website https://learningforasmallworld.com (the “Site”) is operated by or on behalf of Promethean, Inc. (“Promethean”, “we”, “us”, “our”). Promethean is a Delaware corporation with our principal office at 801 Second Avenue, Suite 1310, Seattle, Washington 98104. Promethean provides its services (described below) to you through the Site and/or through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 10 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
Modifications to Terms of Service
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on whether the change is material in nature, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than seven (7) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.
Access and Use of the Service
The Service, and any content viewed through our Service, is solely for your personal and non-commercial use. With your purchase we grant you a limited, non-exclusive, non-transferable, license to access the content and view your course(s) through the Service on an online and offline streaming basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Service for commercial use or public performances.
Your Registration Obligations
Eligibility For Use/Parental Supervision/International Use
Certain aspects of the Services may require you to register and provide information about yourself. You agree that you represent, warrant and covenant that
- you will maintain and promptly update the Registration Data (by using the appropriate forms on our Site or emailing us at https://community.learningforasmallworld.com/categories/support to keep it true, accurate, current and complete. We may terminate your account and any or all rights to the Site, Services or licenses granted if any information you provide is inaccurate, false, or incomplete.
Parental Supervision of Children under 18
Promethean is concerned about the safety and privacy of all its users, particularly children. Certain features of the Service may be subject to heightened age and/or other eligibility requirements and restrictions. To repeat, if you are younger than 18, you are NOT permitted to use this site or register to use the Service. Moreover, because the content is directed to adults that are 18 years or older, Promethean may not pre-screen content posted to these pages of the Site.
Special Warning for International Use
The Site and the Service are designed to be compliant with applicable laws and regulations and, therefore, are intended for use only by residents of the United States. All data collected on this site will be stored on a server located in the United States of America. However, due to the global nature of the Internet, we understand that users from all over the world may have access to the Site. If you are resident of a country outside of the U.S. you use the Site and the Service at your own risk and you agree for your data to be transferred to and stored on a server located in the United States of America.
Modifications to Service
Promethean reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Promethean will not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your Account (e.g., your profile information, etc.) or Submitted Content (e.g., forum comments, uploaded pictures, etc.) for any period of time beyond what may be required by applicable law.
General Practices Regarding Use and Storage
You acknowledge that Promethean may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Promethean’ servers on your behalf. You agree that Promethean has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Promethean reserves the right to terminate accounts that are inactive for an extended period of time (e.g., you are no longer a customer, you do not access your account for an extended period of time, etc.). You further acknowledge that Promethean reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service may include certain services that are available via a mobile device, including, but not limited to, (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Promethean and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Promethean account information to ensure that your messages are not sent to the person that acquires your old number.
Member Acceptance of Terms of Sale
Your use of the Site and registration to use the Service includes the ability to enter into agreements and/or to make purchases electronically. You agree that any electronic purchases you make constitutes your intent and agreement to be bound by the Terms of Service and to pay for such purchases.
All sales are final and Promethean will not refund any purchases unless there are defects found in the Services that prevent you from using the purchased Services. To the extent you purchase a recurring subscription and we discontinue the service, we will refund the prorated portion of your payment for the portion allocated to the time period that would occur after the termination date.
Conditions of Use
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) in your profile, the forums or through any other means provided in the Service or email or otherwise use via the Service. When using the Service, you must comply with all laws that apply to you. You may not use the Service
- In a manner that in any way breaches any applicable local, national or international law or regulation;
- In a manner that in any way is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- In a manner that infringes or violates the intellectual property rights or any other rights of anyone else;
- In a manner that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
- Such that your purpose is to harm or attempt to harm minors or vulnerable adults in any way;
- In a manner that in the sole judgment of Promethean, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Promethean or its users to any harm or liability of any type;
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
- In a manner that poses or creates a privacy or security risk to any person;
- To transmit unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Takedown, Suspension and Termination
Promethean reserves the right to investigate and take appropriate legal action against anyone who, in Promethean's sole discretion, violates these Conditions of Use, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
If you select a Service with an auto renewal feature (“Recurring Subscription”), you authorize Promethean’s third-party payment processor to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that Promethean’s third-party payment processor is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, Promethean, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information to continue charging your account as authorized by you. You may cancel a Recurring Subscription at any time in accordance with the company’s cancellation policy described herein.
Cancellations: If you have a Recurring Subscription, your payment to Promethean will automatically renew at the end of the subscription period, unless the Recurring Subscription is cancelled by you before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. However, if you cancel your payment and/or terminate before the end of the subscription period, Promethean will not refund any subscription fees already paid to Promethean.
Price Changes: We reserve the right to change Promethean's subscription prices. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
Special Notice for International Use; Export Controls
Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Unless otherwise expressly authorized herein or by Promethean in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Intellectual Property Rights
Service Content, Software and Trademarks
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Promethean, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Promethean from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Promethean, our affiliates or our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Promethean.
The Promethean name and logos are trademarks and service marks of Promethean (collectively the “Promethean Trademarks”). Other Promethean, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Promethean. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Promethean Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Promethean Trademarks will inure to our exclusive benefit.
Under no circumstances will Promethean be liable in any way for any content or materials of any third parties for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service
With respect to any content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you have all rights and or licenses necessary to use, publish, distribute, reproduce, or otherwise post the User Content including the right to grant to Promethean and the other users of the Service the rights and licenses contemplated herein. You further warrant that the User Content will not infringe or otherwise violate the intellectual property rights (including but not limited to the copyright or trademark rights) or any other rights of any third party. By uploading any User Content you hereby grant Promethean, its affiliated companies and partners (including but not limited to Promethean instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to Promethean, its affiliated companies or partners are non-confidential and Promethean, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Promethean may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Promethean, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Promethean respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Promethean of your infringement claim in accordance with the procedure set forth below.
Contact us by mail or email at:
1165 Sanctuary Parkway, Suite 400,
Alpharetta, Georgia 30009
Attn: Legal Department: Copyright Agent
To be effective, the notification must be provided by mail or email as outlined above and must contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Repeat Infringer Policy
In accordance with applicable law, Promethean has adopted a policy of terminating, in appropriate circumstances and at Promethean' sole discretion, users who are deemed to be repeat infringers. Promethean may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third-party Website Links and Dealings
Links to Other Websites or Resources
The Services may provide, or third parties may provide, links to other websites or resources. Because Promethean has no control over these sites and resources, you acknowledge and agree that Promethean is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Promethean shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Dealing with Third-party Advertisers, Suppliers and Merchants
Your dealings with advertisers, merchants and any other third-party found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. To the fullest extent permitted by applicable law, you agree that: (a) Promethean shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Services or the Site; (b) any orders placed by you on, and any product specifications and product availability appearing on, the Services or the Site are subject to confirmation by, and are supplied subject to the terms and conditions of business of, the relevant merchant; and (c) Promethean does not endorse or adopt any of the advertisements provided on its Site.
Social Networking Services
However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Promethean shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.
In addition, Promethean is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Promethean is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Promethean enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold Promethean and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, PROMETHEAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PROMETHEAN MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
You Expressly acknowledge and agree that:
Your use of the Service, and Site, is at your sole risk. Promethean has made every effort to ensure that the content on the Site and made available through the Service is accurate and up-to-date and correct at the time of publication. However, the Site and the Service are provided on an 'as is' and 'as available' basis. We do not guarantee the accuracy, timeliness, completeness, quality or fitness for purpose of the content provided on the Site or through the Service or that use of the Site will be uninterrupted, virus-free or error-free. No responsibility is accepted by or on behalf of Promethean for any errors, omissions or inaccurate information on the Site or available through the Service.
The content on the Site and made available through the Service is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The information, content of the Site and Service do not address your particular circumstances and accordingly you should not rely upon the content of the Site or the Service as a substitute for proper professional advice.
Promethean is not responsible for how the content on the Site or available through the Service is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Site or available through the Service.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Promethean shall create any warranty or other obligation not expressly stated in these Terms of Service.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROMETHEAN WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROMETHEAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL PROMETHEAN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PROMETHEAN IN THE LAST THREE (3) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Notice and Disclaimer Regarding email
E-mail is not a 100% virus-free or a secure medium. Any e-mail message from Promethean, including any attachments transmitted with it, may contain legally privileged or private information. Such messages are intended solely for the use of the individual or entity to whom it is addressed. If you have received such a message in error, please notify the sender and delete it from your system. You should not copy, store or use such an email or any attachment(s) for any purpose, nor disclose their contents to any other person.
While Promethean scans all communications for viruses or other malicious software, we do not guarantee that any message is virus-free and accept no liability for any potential loss or damage that may arise as a result of receiving, storing and reading any message and any attachment(s). It is your responsibility to ensure that viruses do not adversely affect your system and that your messages to us meet your own security requirements. We reserve the right to read any e-mail or attachment entering or leaving our systems without notice.
Events Outside of Our Control
Promethean will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Service or any related contract between us that is caused by any act, event, non-happening, omission or accident beyond our reasonable control ("Force Majeure Event"), including (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- interruption or failure of utility service; including the impossibility of the use of public or private telecommunications networks; and/or
- the acts, decrees, legislation, regulations or restrictions of any government.
Promethean's performance under any terms of service or any related contract between us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms of Service or any related contract between us may be performed despite the Force Majeure Event.
Binding Arbitration; Class Action Waiver
At Promethean's or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by individual (not group) binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Atlanta, Georgia before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrator will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Notwithstanding the provisions of the introductory section above, if Promethean changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Promethean's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Promethean in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND PROMETHEAN REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
You agree that Promethean, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Promethean believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service, without refunds of any kind. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Promethean may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be affected without prior notice and acknowledge and agree that Promethean may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Promethean will not be liable to you or any third-party for any termination of your access to the Service.
Disputes Between users
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Promethean will have no liability or responsibility with respect thereto. Promethean reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Promethean and govern your use of the Service, superseding any prior agreements between you and Promethean with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software.
Governing Law and Jurisdiction
These Terms of Service will be governed by the laws of the State of Georgia without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 12 above, you and Promethean agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Fulton county, Georgia, USA.
The failure of Promethean to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
Abbreviated Claim Period
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Admissibility of Terms of Service
A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You may not assign this Terms of Service without the prior written consent of Promethean, but Promethean may assign or transfer this Terms of Service, in whole or in part, without restriction.
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Notices to you may be made via either email or regular mail at the address you have provided when you register for the Service. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Questions? Concerns? Suggestions?
Please contact us at 1165 Sanctuary Parkway, Suite 400, Alpharetta, GA 30009 or at https://community.learningforasmallworld.com/categories/support to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.