Application & Scope of this Agreement; Additional Terms.

This Agreement applies to all persons who access the Site and/or Service and all persons who use the Site and/or Service, regardless of whether such use is of free or paid portions of the Site and/or Service, including users who become subscribers or members on the Site or the Service (including all tiers and categories of such subscribers or members, “Members”) and users and Members who become teachers or providers of educational content on the Site or the Service (including all tiers and categories of such teachers or content providers, and as further defined in Section 6, “Teachers”), in each case with respect to all uses of, and activities relative to, the Site and/or Services.

Your indication of your acceptance of this Agreement, whether express (e.g., clicking on an “I AGREE” icon) or implicit (i.e., accessing or using any portion of the Site and/or Service) constitutes your consent to this Agreement. You agree that such acceptance will have the same force and effect as if you had manually signed a paper version of this Agreement.  You hereby irrevocably waive any rights that you may have under any applicable law to use or receive physical copies of this Agreement.

When accessing or using certain parts of the Site and/or Services you may be asked to agree that you are subject to any additional terms and conditions posted by us on the Site or otherwise made available to you via the Service that are applicable to such parts of the Site and/or Services (“Additional Terms”).  Additional Terms may also include terms posted on the Site and/or Services, including, for example:

  • portions of the Site or Service that describe the fees, subscription periods, free trial periods or other specific terms that will apply to certain Paid Services (hereinafter defined);
  • portions of applications or registration forms that specify qualifications or other requirements applicable to you as an applicant or registrant; and
  • rules, guidelines, manuals, policies and other documents posted on the Site and/or Services relating to proper use of various specific Services.  

Without limiting the foregoing, users or Members who register to become “Teachers” on the Service will be subject to the Additional Terms referred to on the Service as the “Teacher Additional Terms of Use” (the “Teacher Terms”). All such Additional Terms are hereby incorporated by reference into this Agreement.  In the event of any conflict between this Agreement and any Additional Terms, the Additional Terms shall prevail with respect to the specific portion of the Site and/or Service with respect to which such Additional Terms apply.  In all other cases, the Agreement shall prevail.