IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THIS AGREEMENT WITH YOUR PARENTS OR GUARDIAN AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND.

Embanet Compass Knowledge Group, Inc., Inc. and its subsidiaries and affiliates (referred to herein as “Boundless”) are providing you access to this site and related applications and services (collectively, “Services”), which may be delivered to you through the Internet via your browser or app (mobile or otherwise). Your use of the Services is subject to all terms, conditions, and policies referenced herein, posted elsewhere on this site or in the legal information section of the applicable app, Boundless Learning™ (collectively referred to as the “Terms of Use” or “TOU”).

It is important to us that the Services provide you with a helpful and reliable experience. To protect our rights and yours, we have prepared the Terms of Use that apply to all users of the Services. If you have any questions concerning the Terms of Use, please fill out the Contact Us form.

PLEASE NOTE THAT YOUR ACCESS TO AND USE OF OTHER BOUNDLESS LEARNING™ AND THIRD-PARTY PRODUCTS AND SERVICES LINKED TO OR FROM, OR ACCESSED OR PURCHASED VIA, THESE SERVICES MAY BE SUBJECT TO ADDITIONAL USAGE TERMS, PURCHASE TERMS, AND/OR PRIVACY POLICIES THAT MAY VARY FROM THE TERMS HEREIN SO PLEASE MAKE SURE TO CHECK THE TERMS AND POLICIES APPLICABLE TO SUCH OTHER PRODUCTS AND SERVICES PRIOR TO USE.

BY USING THE SERVICES, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF USE AND AGREE TO BE BOUND BY THEM. YOU AGREE TO USE THE SERVICES IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THE TERMS OF USE. DO NOT USE THIE SERVICES IF AT ANY TIME YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF USE. 

Boundless Learning™ has the right to change or modify the Terms of Use at any time, including the AUP and/or Privacy Policy applicable to your use of the Services. Such changes or modifications shall be effective immediately upon notice, which may be given by means including, but not limited to, posting within the Services, or by electronic or conventional mail, messaging, or by any other means by which you may obtain notice. Any use of the Services by you subsequent to such notice shall be deemed to constitute your acceptance of such changes or modifications.

Boundless Learning™ reserves the right to amend any of its pricing at any time without prior written notice, and the pricing in effect at the time of your purchase shall apply. Boundless Learning™ further reserves the right to correct pricing inaccuracies, errors, or omissions, and is not required to supply you with products or services at an incorrectly displayed price, as determined in Boundless Learning™'s sole discretion. Boundless Learning™, without any penalty or liability, also reserves the right, at any time and without notice to you: (1) to publish or replace current Boundless Learning™ Products with new, revised, or updated products at any time; and (2) to place any Boundless Learning™ Product “out of print” or otherwise discontinue offering a Boundless Learning™ Product for purchase.

You are granted a limited, personal, non-exclusive, non-assignable, and non-transferable license to access and use the Services for non-commercial, personal use only, and subject to the terms and restrictions set forth herein.

Use of the Services for any purpose other than as contemplated in the Terms of Use is a violation of Boundless Learning™’s and/or its licensors’ copyright and proprietary rights. Neither Boundless Learning™ nor its licensors guarantee the accuracy or completeness of any information or 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. All rights not expressly granted herein are reserved by Boundless Learning™.

Certain features of the Services may be provided by third parties and the use of such features may be conditioned upon your agreement to such third parties’ terms of use and privacy policies. You understand that the Terms of Use apply only to the parts of the Services that reside on Boundless Learning™’s (or its service provider’s) servers and not to those that reside on third-party servers not controlled by Boundless Learning™.

As a condition of your use of the Services, you warrant to Boundless Learning™ that you will not use the Services for any purpose that is unlawful or prohibited by the Terms of Use. You agree not to obtain or attempt to obtain any materials or information not intentionally made available to you on the Services.

Boundless Learning™ reserves the right at any time, and from time to time, to discontinue, temporarily or permanently, the Services or any part thereof or terminate any user’s access to the Services or any part thereof. Boundless Learning™ may also modify, delete, or adapt the Services at any time without any notice or obligation to the user at Boundless Learning™’s sole discretion. Your right to use and otherwise access the Services is automatically terminated if you violate the Terms of Use. You agree that Boundless Learning™ will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services, or any part thereof. Upon termination for any reason of your right to use and otherwise access the Services, you must cease all access to the Services. All provisions of the Terms of Use as to limitation and disclaimer of warranties, limitation of liability, Boundless Learning™’s ownership rights, and your representations and indemnities shall survive termination.

You may have linked to the Services from a third-party website and the Services may provide links to other third-party websites or resources (collectively, “3P Sites”). Because we do not control such 3P Sites you acknowledge and agree that Boundless Learning™ is not responsible or liable for the content, products or performance of those 3P Sites, and you hereby irrevocably waive any claim against Boundless Learning™ with respect to such sites. Boundless Learning™ reserves the right to terminate any link at any time without notice. The inclusion of a link to such 3P Sites does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by Boundless Learning™ of that 3P Site, or any products or services provided therein. The information practices of those 3P Sites are not covered by the Terms of Use or any other policies or terms applicable to the Services. We recommend that you review any terms of use and privacy policy of those 3P Sites linked to the Services before providing any information to those websites or using their products and services.

Please note that the Services may also provide links to other sites brought to you by Boundless Learning™. The privacy statement and terms of use of other Boundless Learning™ sites may vary from the Terms of Use. Please review the privacy statements, terms of use and other policies or terms that may apply to other Boundless Learning™ sites prior to your use of such sites.

The entire content of the Services and any supporting software are the proprietary property of Boundless Learning™ and/or its licensors and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of the Services without the express written consent of Boundless Learning™ and/or its licensors is strictly prohibited.

Unless otherwise indicated, trademarks that appear on these Services are trademarks of Boundless Learning™ or its affiliates. All other trademarks not owned by Boundless Learning™ or its affiliates that appear in the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Boundless Learning™ or its affiliates. You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademarks by you shall be to the benefit of Boundless Learning™.

OUR EXPRESSLY UNDERSTAND AND AGREE THAT:

(1) YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE MADE BY BOUNDLESS LEARNING™ OR ITS LICENSORS AND BOUNDLESS LEARNING™ AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;

(2) NEITHER BOUNDLESS LEARNING™ NOR ITS LICENSORS MAKE ANY WARRANTY THAT: (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, AVAILABLE FOR ANY LENGTH OF TIME, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED; AND

(3) ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED FROM THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK; NEITHER BOUNDLESS LEARNING™ NOR ITS LICENSORS SHALL BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION, OF DATA UPLOADED OR INPUTTED BY YOU THROUGH THE USE OF THE SERVICES, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THE SERVICES.

IN NO EVENT SHALL BOUNDLESS LEARNING™ OR ITS EMPLOYEES, AGENTS, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE LOSS OF DATA AND/OR THE USE OR THE INABILITY TO USE THE SERVICES; (b) 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 SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (d) ANY OTHER MATTER RELATING TO THE SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the limitations above may not apply to you.

You agree to indemnify and hold Boundless Learning™ and its subsidiaries, affiliates, officers, agents, directors, licensors, contractors and employees harmless from any claims, actions, costs, liabilities, expenses and damages, including reasonable attorneys’ fees and expenses, made against Boundless Learning™ by any third party due to or arising out of your use of the Services, your connection to the Services, your breach of any representation, warranty or obligation, your violation of this Terms of Use, or your violation of any rights of another user.

We welcome specific feedback regarding existing Boundless Learning™ Products and Services, which may be provided on our Contact Us form on the website. You hereby acknowledge that all right, title, and interest and any other intellectual property rights in such feedback, comments, or suggestions shall become the exclusive property of Boundless Learning™ and may be used for its business purposes at Boundless Learning™'s sole and absolute discretion without any payment or accounting to you. This policy is intended to avoid the possibility of future misunderstandings when projects developed by Boundless Learning™ might seem to others to be similar to their own feedback, comments, or suggestions.

We will not, however, otherwise accept, review, or consider any other unsolicited ideas, works, materials, proposals, suggestions, artwork, content or the like, including for advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content or creative materials. Please do not send or provide any such submissions in any form to Boundless Learning™ or any of its employees or contractors. If you nonetheless still submit them, then regardless of what your correspondence says, you agree that: (1) your submissions and their contents along with related intellectual property rights will automatically become the property of Boundless Learning™, without any compensation to you; (2) Boundless Learning™ may use or redistribute your submissions and their contents for any purpose and in any way on an unrestricted basis; (3) there is no obligation for Boundless Learning™ to review your submissions; and (4) there is no obligation to keep any submissions confidential.

The Terms of Use constitute the entire agreement between you and Boundless Learning™, govern your use of the Services, and supersede any prior agreements between you and Boundless Learning™ concerning the Services. You also may be subject to additional terms, conditions, and policies that may apply when you access, purchase, or use other Boundless Learning™ or third-party products and services, affiliated services, third-party content, or third-party software. The Terms of Use and the relationship between you and Boundless Learning™ will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Boundless Learning™ agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York, State of New York. The failure of Boundless Learning™ to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 the Terms of Use remain in full force and effect. 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 Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The Services are owned and operated by Boundless Learning™ and the contents of the Services are protected by copyright of Boundless Learning™ and/or its licensors.