Welcome to the Axiom Learning, Inc. and related companies and subsidiaries (which together with each company’s shareholders, members, directors, officers, employees, and agents are herein collectively called “Axiom Learning”) website. Access to, and use of, this website and its accompanying materials and content is subject to the terms and conditions listed below (the “Agreement”). Please read and review carefully these terms and conditions which govern your use of this website and its accompanying materials and content. We provide services via this and other websites and certain applications (“Apps”) that inform users about our educational services, subscription offerings, provide access to purchased content and services, and other business activities that we conduct. Our Site, the Apps, and all other websites, applications, widgets, e-mail notifications and other mediums through which you have accessed this Agreement (via desktop, mobile or other application) are collectively referred to as the “Services”. Services also include co-branded or white labeled versions of any of our websites, Apps, and other products. Your use of this website and its accompanying materials and content signifies your binding consent to this Agreement. This Agreement supersedes all previous representations, understandings, or agreements regarding the information contained herein.

Modifications

Axiom Learning may revise this Agreement from time to time as a result of changes in applicable law, regulations, product and service offerings or Axiom Learning operations.

Copyright and Intellectual Property

© All material and content on this website is under the copyright of Axiom Learning, LLC or Axiom Learning, Inc. (2009–2025). Only employees of Axiom Learning, authorized Axiom Learning subscribers (including, but not limited to, teachers and students), authorized Axiom Learning vendors and such other persons as Axiom Learning may designate, in its sole discretion from time to time (“Authorized Users”), may utilize this website and its accompanying materials and content. Authorized Users may download copyrighted material for their own use only. No part of this website and its accompanying materials and content may be reproduced for sale and sale is strictly prohibited.

WARNING: This website and all accompanying materials and content are protected by applicable copyright law and international treaties. Unauthorized reproduction, distribution or use of materials or content may result in civil and/or criminal penalties and will be prosecuted to the maximum extent permitted under applicable law. You may not: (1) rent, lease or sublicense the online subscription service, materials or content; or (2) decompile, reverse assemble or reverse engineer the online subscription service.

Our names, graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior written permission. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.

The information, advice, data, software and content viewable on, contained in, or downloadable from our Services (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, owned by, or otherwise licensed to, us or our Content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on or within our Services (the “Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work, or the Software.

You are solely responsible for any damages resulting from your infringement of our or any third-party’s intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

Electronic Communications

When you visit our Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Equipment Responsibility

You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use our Services, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of our Services. If we provide aspects of our Services via an App for your mobile or other device, please be aware that your carrier’s normal rates and fees may apply and that the terms of this Agreement and other agreements within the application apply to your use of such application.

Privacy and Security

Generally, Axiom Learning employs commercially reasonable security measures that comply, in Axiom Learning’s reasonable discretion and interpretation, with all applicable Federal and state laws and regulations regarding data privacy and security, including but not limited to the Family Educational Rights and Privacy Act (“FERPA”) and the Children’s Online Privacy Protection Act of 1998 (“COPPA”). These measures include appropriate administrative, physical, and technical safeguards to secure data from unauthorized access, disclosure, alteration and use. Axiom Learning will conduct periodic risk assessments and remediate any identified security vulnerabilities in a timely manner. Except as expressly provided in this Agreement, neither Axiom Learning nor its successors or assigns shall have any liability for the breach of its privacy and security measures or the integrity of its hosting services, unless caused by the willful misconduct of Axiom Learning. Axiom Learning expressly disclaims any warranty that data exchanges are or will be secure.

Data residing on the Axiom Learning server is password protected, and account access is provided only to Authorized Users. However, the safety and security of your data also depends on you. You should not upload or send to Axiom Learning sensitive information via email, as this is not secure. You are also responsible for keeping account usernames and passwords confidential. Please notify Axiom Learning if you become aware that data has been lost, stolen, or used without permission; Axiom Learning may disable access to an account in order to prevent an unauthorized third party from obtaining access to the same.

Third Parties

Axiom Learning will not distribute or otherwise disclose PII to a third party that is not involved with providing the contracted services without the prior written consent of an applicable customer. Axiom Learning does not sell PII to third parties. Axiom Learning shall ensure that any third party that handles PII agrees to comply with this Agreement.

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Tracking Pixels and Privacy Statement

We use tracking pixels, such as Google Analytics, LinkedIn and Facebook, on our marketing website solely to enhance our customers’ e-commerce experience. These tools help us refine our marketing strategies and improve website content.

However, we do not use tracking pixels on our consumer-facing websites because we prioritize your privacy and the protection of your Personally Identifiable Information (PII).

FERPA and PII

FERPA protects the privacy interests of students in their education records. It controls the disclosure of a student’s PII from education records without the consent of the parent or eligible student. Per Federal regulation, PII includes (but is not limited to) a student’s name, the name of the student’s parent or other family members, the address of the student or student’s family, a personal identifier, such as the student’s social security number, student number, or biometric record, indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name, other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty, or information requested by a person who an educational agency or institution reasonably believes knows the identity of the student to whom the education record relates. Examples of the types of PII, student data and other data that Axiom Learning may acquire include: name, student number, picture, level, gender, birthday, parent/guardian name, address, phone, login, and more.

It is Axiom Learning’s policy to limit access to this website and its materials and content through secured interfaces that require user authentication and to have in place reasonable support measures to protect PII.

Some Axiom Learning solutions may offer a feature that permits Authorized Users to share limited content with other members of their subscription group or in certain circumstances with members outside a subscription group if the feature is enabled by the Authorized User. Please be aware that you are responsible to determine the appropriateness of the content, including, but not limited to, any PII, that you decide to share via these features and for obtaining the appropriate consents where required.

COPPA

The Children’s Online Privacy Protection Act of 1998 (“COPPA”) regulates the online collection, use and/or disclosure of personal information from and about children under the age of 13 on the internet. This notice is meant to inform you, the parents, of Axiom Learning’s practices regarding its collection, use and/or disclosure of personal information from such children. Please note: If there is ever a material change in our collection, use and/or disclosure practices to which you have previously consented, this notice will be updated accordingly.

Axiom Learning may have collected your online contact information from your child, and, if such is the case, your name and/or the name of your child, in order to obtain your consent as required under COPPA. Your consent is required for Axiom Learning’s collection, use and/or disclosure of your child’s personally identifiable information (“PII”) and Axiom Learning will not collect, use and/or disclose any personal information from your child if you do not provide such consent.

To obtain verifiable parental consent to Axiom Learning’s collection, use and/or disclosure of your child’s personal information, Axiom Learning requires you use a credit card, debit card or other online payment system that provides notification of each discrete transaction to you to purchase obtain access to this website and its accompanying materials and content. If you do not provide consent within a reasonable time from the time you are presented with this notice, Axiom Learning will delete your online contact information (if any) from its records.

In the case of a school or other organization’s purchase of a subscription to access the materials and content, the law permits it to obtain parental consent to the collection of personal information on behalf of all of its students, thereby eliminating the need for individual parental consent to be given directly to the website operator.

Please note that you always have the right to consent to collection and use of your child’s personal information without consent to disclosure of his or her personal information to third parties. Where applicable, Axiom Learning solutions are accessed via a separate teacher or student view. Student personal information such as name, student number, picture, level, gender, birthday, parent/guardian name, address, phone, username is entered and established via the teacher view by an adult such as a teacher, subscription administrator, parent or guardian. They are not entered by a child. Further, Axiom Learning may collect usage analytics to be presented back to you or your child or to your child’s teacher (if applicable) to demonstrate progress and performance or for internal purposes to improve certain Axiom Learning products. Axiom Learning collects this information through the child’s interaction with activities and assessments in the solutions. Axiom Learning will not require your child to disclose more information than is reasonably necessary to participate in an activity and will not retain personal information any longer than is necessary to fulfill the purpose for which it was collected and will de-identify or delete the information using reasonable measures to protect against its unauthorized access or use per Axiom Learning’s retention policies.

You can review your child’s personal information, direct us to delete said information and/or refuse to allow any further collection, use and/or disclosure of your child’s information at any time. You may revoke your consent at any time by contacting Axiom Learning Customer Service at 31 Washington Street, Suite 200, Wellesley, MA 02481, or at (800) 988-5010. Axiom Learning takes seriously its obligation to safeguard the confidentiality, security and integrity of personal information collected from children and takes steps to release children’s personal information only to third parties who are capable of maintaining the confidentiality, security and integrity of such information and who provide assurances that they will maintain the information in such a manner. Axiom Learning does not sell your child’s personal information to third parties or use it for marketing purposes. It is important to Axiom Learning that children and their parents understand its policy and practices concerning the collection, disclosure and use of personal information. Please carefully read our Terms of Use, and if you have any questions about Axiom Learning’s practices, please contact Axiom Learning Customer Service at 31 Washington Street, Suite 200, Wellesley, MA 02481, or at (800) 988-5010.

California Consumer Privacy Act of 2018 Notice (“CCPA”)

WHAT IS THE CCPA?

The California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100 et seq. (“CCPA”) is a law enacted in the State of California with an effective date of January 1, 2020. The CCPA generally expands upon the privacy rights available to California citizens and requires certain companies to comply with various data protection requirements. The detailed text of the law are available at: TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 – 1798.199]

The CCPA grants Californian consumers new rights with respect to the collection of their Personal Information (as defined herein) and requires companies to comply with certain obligations, including:

• The consumer’s right to receive a copy, in a readily usable format, of the specific Personal Information collected about them during the twelve (12) months prior to their request;
• The consumer’s right to know a business’s data collection practices, including the categories of personal information it has collected, the source of the information, the business’s use of the information, and to whom the business disclosed the information it has collected about the consumer;
• The consumer’s right to have such personal information deleted (with exceptions);
• The consumer’s right to know the business’s data sale practices and to request that their personal information not be sold to third parties;
• A prohibition on businesses on discrimination for exercising a consumer right; and
• An obligation on businesses to notify a consumer of their rights.

WHAT IS PERSONAL INFORMATION?

The CCPA defines “Personal Information” as information that “identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular” California consumer or household. Personal information does not include publicly available information or consumer information that is de-identified or aggregate consumer information.

HOW DOES THE CCPA APPLY TO AXIOM LEARNING CUSTOMERS?

Axiom Learning processes data on behalf of its customers who purchase subscriptions to its products. Axiom Learning shall collect, access, maintain, use, process and transfer the Personal Information of our customers and our customers’ end-users solely for the purpose of performing its obligations under existing contract(s) with our customers; and, for no commercial purpose other than the performance of such obligations and improvement of the services we provide.

Axiom Learning does not “sell” our customer’s Personal Information as currently defined under the CCPA, meaning that we also do not rent, disclose, release, transfer, make available or otherwise communicate that Personal Information to a third party for monetary or other valuable consideration.

Axiom Learning may share aggregated and/or anonymized information regarding use of the service(s) with third parties to help us develop and improve the services and provide our customers with more relevant content and service offerings.

SUBMITTING REQUESTS TO KNOW AND REQUESTS TO DELETE

Beginning January 1, 2020, if you are a California resident and would like to submit a CCPA request, you may:

• Contact Axiom Learning by phone at (800) 988-5010 or
• Initiate a request by emailing legal@axiomlearning.com

Only you, or a person you authorize to act on your behalf may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. To authorize another person to make a verifiable request on your behalf, you must provide that person with written permission clearly describing their authority to make a request on your behalf. That individual must also be able to verify their identity and provide documentation of their authority to act on your behalf. An individual to whom you have provided a power of attorney pursuant to Sections 4000 – 4465 of the California Probate Code may also make a request on your behalf.

In order to verify your identity, at a minimum, the following information will be collected:

• Name
• Your Axiom Learning subscription IDs (if you are the owner of the subscription(s))
• Name of the Axiom Learning subscription owner (if you are not the owner of the subscription)
• Date of birth
• Email and email validation confirmation
• Phone number
• Home address

The information you provide will be used to verify your identity and to respond to your CCPA request and for no other purpose. This information is used to verify your identity using reasonable methods in order to process your rights request. These methods may include matching information you provide with information already maintained by Axiom Learning or through the use of a third-party identity verification service. If you are not the subscription owner (or designated subscription administrator contact on the customer account), the subscription owner/administrator will be contacted as obligated in existing contracts to perform or authorize the release of the requested information.

We cannot respond to your request or provide you with Personal Information if we are not able to verify your identity or authority to make the request or confirm the Personal Information relates to you.

You are not required to have an account with Axiom Learning to make a verifiable request.

Axiom Learning will not discriminate against you for exercising your rights under the CCPA. In particular, Axiom Learning will not:

• Deny you goods or services;
• Charge you different prices for goods or services, whether through denying benefits or imposing penalties;
• Provide you with a different level or quality of goods or services; or
• Threaten you with any of the above.

CONTACT FOR MORE INFORMATION:

Please contact Axiom Learning by phone at (800) 988-5010 to:

• See how a consumer with a disability may access this Notice in an alternative format; or
• For questions or concerns about Axiom Learning’s privacy policies and practices.

Data Accessibility

Axiom Learning supports student and parent access to PII for review and correction. PII is most often created by the classroom teacher or other school administration team members in accordance with the applicable school or district’s policies. Typically, corrections can most easily be facilitated by parents and/or students notifying the applicable classroom teacher or school administrator. In almost all cases, schools and school districts have policies that permit these resources to make the desired corrections directly in the system. If your situation is different or you need further assistance, please contact Axiom Learning customer support at (800) 988-5010.

Content Retention

Axiom Learning generally purges and/or de-identifies PII and other Authorized User data ninety (90) days following termination of a subscription. Axiom Learning performs daily system backups of production data for purposes of disaster recovery. These backups are encrypted, stored offline and are not directly accessible by Authorized Users. Upon written request, Axiom Learning may (in its sole discretion) consider an alternate content retention policy in certain circumstances. De-identified PII may be used by Axiom Learning for educational, product improvement and other similar purposes; Axiom Learning will not use PII for marketing.

Data Breach or Security Incident

Axiom Learning has internal protocols in place to deal with a breach of PII. Axiom Learning will notify an affected subscriber no later than seven (7) business days after Axiom Learning becomes aware of any breach of or security incident involving PII. Axiom Learning will take prompt corrective action to remedy any breach or security incident, mitigate, to the extent practicable, any harmful effect of such breach or security incident and the corrective action Axiom Learning has taken or will take to prevent future similar breaches or security incidents.

Customer Feedback

Axiom Learning welcomes feedback from customers regarding its products and services. Contact us at (800) 988-5010 or email info@axiomlearning.com or through feedback forms provided via the Services. You agree that any feedback given is entirely voluntary and Axiom Learning shall have a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license for its benefit to use, disclose, reproduce, license or otherwise distribute and exploit the feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

Confidentiality

This website and its accompanying materials and content contain information and images confidential and proprietary to Axiom Learning, including, but not limited to, marketing information, product information, advertising and teacher and student data (“Confidential Information”). Accessing, using, copying, distributing, disseminating and changing Confidential Information is subject to Axiom Learning policies, restrictions and procedures regarding confidentiality, including, but not limited to, the policies set forth herein.

Only Authorized Users may access and/or use the Confidential Information contained on this website. If you have accessed this website and its accompanying materials and content without authorization, you are unlawfully and wrongfully doing so. By proceeding to use this website and its accompanying materials and content, you represent that you are an Authorized User and that you have no personal or proprietary interest in the Confidential Information. If you do not agree to such terms, you are prohibited from using and accessing this website and its accompanying materials and content.

You have been given access to the Confidential Information based upon your representation that you have a need for such access and that you will only use such Confidential Information for authorized use. You shall not allow any unauthorized person or entity access to this website and its accompanying materials and content (including, but not limited to, the Confidential Information) under your personal username and/or security password. You understand that any violation of these terms could result in disciplinary, legal and/or other action against you. You assume any and all liability for the acts of any unauthorized user to whom you provided access to this website and its accompanying materials and content.

If disclosure of any of the Confidential Information is requested pursuant to any subpoena or as part of any legal proceeding, deposition or cause of action, you will assert the privilege applicable to confidential business and proprietary information and will refuse to respond (to the fullest extent allowed by law). You will promptly advise your employer (or the party providing you with access to this website and its accompanying materials and content) and Axiom Learning in writing of any such request for disclosure.

Unless otherwise prohibited by law, you agree to indemnify and hold harmless Axiom Learning from and against all liabilities, injuries, damages, losses, costs (including, but not limited to, court costs and attorneys’ fees), fines, penalties and expenses directly or indirectly resulting from the input of unsolicited Confidential Information saved in free-form text entry fields by yourself or any other person authorized to enter information on your behalf.

Disclaimer of Warranties

This website and its accompanying materials and content (including instructions for use) are provided “as is” and “as available” and without representations or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. No oral or written information or advice given by Axiom Learning shall create a warranty and you may not rely on any such information or advice.

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES IS AT YOUR SOLE RISK.

WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH OUR SERVICES.

FOR ANY PAID SERVICE THE MAXIMUM REFUND GIVEN SHALL BE THE TOTAL COST OF THE PURCHASE LESS ASSOCIATED THIRD PARTY FEES.

Our Services are controlled and offered by us from our facilities in the United States of America. We make no representations that our Services are appropriate or available for use in other jurisdictions. If you access or use our Services from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.

Limitation of Liability

Axiom Learning does not warrant, guarantee, or make any representations regarding the use, or the results of use, of this website and its accompanying materials and content in terms of correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of this website and its accompanying materials and content is assumed by you. If this website and its accompanying materials and content are defective, Axiom Learning’s sole responsibility shall be the replacement of the defective subscription, materials or content and you shall have no further remedy relating to the defect.

Axiom Learning shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Axiom Learning has been advised of the possibility of such damages), resulting from: (a) the use of or the inability to use this website and its accompanying materials and content; (b) the cost of procurement of substitute goods and services resulting from any inability to use this website and its accompanying materials and content; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on this website or its accompanying materials and content; or (e) any other matter relating to this website and its accompanying materials and content.

NEITHER WE NOR OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR SHAREHOLDER SHALL BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF OUR SERVICES; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH OUR SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.

YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

In the event that any limitation on the period of time for bringing an action, claim, dispute or proceeding against us, located in this “Limitations on Our Liability” section, is determined or held to be inapplicable or unenforceable by any court, arbitration panel or other tribunal, then the statute of limitations for the State of Massachusetts shall apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.

Indemnification

You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) your access or use of our Services; (iv) access or use of our Services under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); and/or (vi) any personal injury or property damage caused by you.

Copyright Infringement

It is our policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. We shall, in appropriate circumstances, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of ours and/or others.

Notifications (each a “Notification”) of claimed copyright infringement should be sent by either express mail or U.S. mail to our designated agent. Our designated agent contact information is set forth below:

Address of designated agent to which notification should be sent:

Axiom Learning
31 Washington Street
Suite 200
Wellesley, MA 02481
United States

Email address of designated agent: legal@axiomlearning.com

Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. 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.

Upon receipt of the Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512:

1. We will remove or disable access to the material that is alleged to be infringing;
2. We will forward the Notification to the alleged infringer (“Subscriber”); and
3. We will take reasonable steps to promptly notify the Subscriber that we have removed or disabled access to the material.

Counter Notification:

Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication (“Counter Notification”) to our designated agent that includes substantially the following:

1. A physical or electronic signature of the Subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which we may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512:

1. We will promptly provide the Complaining Party with a copy of the Counter Notification;
2. We will inform the Complaining Party that we will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
3. We will replace the removed material or cease disabling access to the removed material not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, provided our designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on our network or system.

Termination

Axiom Learning reserves the right, in its sole discretion, to terminate your access to all, or any part, of this website and its accompanying materials and content at any time and without notice for any reason. Axiom Learning, in its sole discretion, may also discontinue operating this website and terminate this Agreement at any time and without notice for any reason.

Legal Disputes

You and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.

Governing Law and Venue

By using this website and its accompanying materials and content, you agree that the laws of the State of Massachusetts without regards to principles of conflict of laws, will govern this Agreement and any dispute that may arise between you and Axiom Learning. Further, you expressly agree that exclusive jurisdiction for any dispute resides in the courts of Middlesex County, Massachusetts.

Arbitration/Class Waiver/Opt Out Clauses

1. You and we each agree to resolve exclusively through final and binding arbitration any and all disputes or claims that have arisen or may arise between you and us (including any affiliates, officers, directors, employees, and agents), whether or not such dispute or claim involves a third party, relating in any way to any aspect of our relationship or any contact between us, direct or indirect, or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services (“Dispute”).
   • You and we agree to submit the Dispute to a single arbitrator under the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA), including when applicable the Optional Rules for Emergency Measures of Protection and the Consumer Arbitration Rules, or, by separate mutual agreement, at another arbitration institution. The AAA’s rules, information regarding initiating a claim, and a description of the arbitration process are available at www.adr.org. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA rules. As an alternative, you or we may bring a claim in your local “small claims” court, if permitted by that small claims court’s rules.
   • The Federal Arbitration Act governs the interpretation and enforcement of this section regarding our agreement to arbitrate any Dispute (“Agreement to Arbitrate”), and the arbitrability of the Dispute. The arbitrator will decide whether the Dispute can be arbitrated.
   • You and we agree that each of us may bring a Dispute against the other only on our own behalf, and not on behalf of a government official or other person or entity, or a class of persons or entities. You and we agree, if we are a party to the proceeding, not to participate in a class action, a class-wide arbitration, a claim brought in a private attorney general or representative capacity, or a consolidated claim involving another person’s use of the site or our services. You and we agree not to combine a claim that is subject to arbitration under this Agreement with a claim that is not eligible for arbitration under this Agreement. You and we agree to waive the right to a trial by jury for all disputes.
   • You may opt out of this Agreement to Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing, within 30 days of the date that you first became subject to this Agreement to Arbitrate, either by U.S. mail delivered to: Attn: Axiom Learning, 31 Washington Street, Suite 200, Wellesley, MA 02481, United States or by email delivered to legal@axiomlearning.com. You must include: (1) your name and residence address; (2) the email address and/or mobile telephone number associated with your account; and (3) a clear statement that you want to opt out of this Agreement to Arbitrate.
   • If the prohibition against class actions and other claims brought on behalf of third parties contained in Section 1.3, above, is found to be unenforceable, then all of Section 1 will be null and void as to that Dispute.
   • This Agreement to Arbitrate will survive the termination of your relationship with us.
2. Unless you and we agree otherwise, if you opt out of the Agreement to Arbitrate, if the Agreement to Arbitrate is found by a court to be unenforceable, if your claim is not covered by the Agreement to Arbitrate, or if you neither are a resident of nor have a principal place of business in the US or Canada, you agree that any Dispute that has arisen, or may arise, between you and us must be resolved exclusively by a state or federal court located in Middlesex County, Massachusetts. You and we agree to submit to the personal jurisdiction of the courts located within Middlesex County, Massachusetts for the purpose of litigating all such claims or disputes.
3. Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make a change to this Agreement to Arbitrate (other than a change to the notice address or the site link provided herein) in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen, or may arise, between you and us. We will notify you of a change to this Agreement to Arbitrate by posting the amended terms on our Services at least 30 days before the effective date of the change and/or by email.

Miscellaneous

No Waiver

The failure of Axiom Learning to enforce any terms and conditions of this Agreement or to respond to any breach by you or other parties shall not in any way be deemed a waiver of Axiom Learning’s right to enforce any terms or conditions of this Agreement.

Severability

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

Other

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement and the Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at legal@axiomlearning.com.

Contact Information

If there are any questions regarding this privacy policy or if you wish to opt-out you may contact us using the information below.

Axiom Learning
31 Washington Street
Suite 200
Wellesley, MA 02481
United States
legal@axiomlearning.com

Last Update: March 2025