Terms Of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE.

By using this site, you signify your consent to these terms of use (hereinafter the "Agreement"). If you do not agree to these terms of use, please do not use the site. If you are under 18 years of age, read these terms of use with your parent(s) or guardian(s) and ask questions about things you do not understand.

The following legal restrictions and terms of use apply to BigIdeasLearning.com and any other site owned and/or operated by or on behalf of Big Ideas Learning, LLC or any of its subsidiaries, that states that it is governed by these Terms of Use and/or links to these Terms of Use (hereinafter referred to as "Site") (the entities collectively referred to herein as "Big Ideas Learning, LLC" and/or "we").

USE OF MATERIALS

This Site is owned and operated by Big Ideas Learning, LLC and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of this Site are the property of Big Ideas Learning, LLC and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright, trademark, and other proprietary notices.

Modification of the materials or use of the materials for any other purpose is a violation of Big Ideas Learning, LLC's copyright, trademark, and trade secret rights as well as others' proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.

In the event you download software from this Site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the "Software") are licensed to you by Big Ideas Learning, LLC. Big Ideas Learning, LLC does not transfer title to the Software to you. As between you and Big Ideas Learning, LLC, Big Ideas Learning, LLC retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

You hereby grant Big Ideas Learning, LLC and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any material you upload to, distribute through or post on this Site, including without limitation via message boards, chat rooms and/or blogs or any other features on this Site, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.

USER CONDUCT

Derogatory, harmful or unlawful conduct is not permitted on this Site. Users are not permitted to upload to, distribute through, or otherwise publish through this Site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on this Site. Unauthorized collection and/or use of email addresses via this Site is also not allowed.

Please be aware that generally, information you post on, upload to or distribute through a message board, chat room, blog or any similar feature will be accessible by other users of this Site. Please be sure that any such information is information that you are comfortable sharing with the public.

Users are solely responsible for the content of their messages, message board postings and/or comments made in chat rooms and/or any other features on this Site. Big Ideas Learning, LLC is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of this Site. You acknowledge that Big Ideas Learning, LLC may or may not pre-screen and/or monitor content posted on this Site, and that Big Ideas Learning, LLC shall have the right to remove, edit, move or close, in whole or in part, any thread or posting in any chat room and/or similar feature on this Site at any time for any reason, in Big Ideas Learning, LLC's sole discretion.

In addition, users may not:

use this Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of this Site, any data or content found on or accessed through this Site, or any other Big Ideas Learning, LLC information without the prior express written consent of Big Ideas Learning, LLC;
obtain or attempt to obtain through any means any materials or information on this Site that have not been intentionally made publicly available either by their public display on this Site or through their accessibility by a visible link on this Site;
violate any measure employed to limit or prevent access to this Site or its content;
violate the security of this Site or attempt to gain unauthorized access to this Site, data, materials, information, computer systems or networks connected to any server of this Site, through hacking, password mining or any other means;
interfere or attempt to interfere with the proper working of this Site or any activities conducted on or through this Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on this Site;
take or attempt any action that, in the sole discretion of Big Ideas Learning, LLC, imposes or may impose an unreasonable or disproportionately large load or burden on this Site or the infrastructure of this Site.

USER ACCOUNTS

Certain portions of this Site may ask you to create an account. If you choose to create such an account, you agree to provide only true, accurate, current and complete information. You further agree to accept all responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any user name and/or password that may assigned to or selected by you so that others may not access any members-only or password-protected portions of this Site using your account and/or identity. Big Ideas Learning, LLC reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of this Site for any reason, including without limitation for extended periods of inactivity.

NO PERSONAL ADVICE

Any informational materials provided on this Site, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, Big Ideas Learning, LLC makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through this Site. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.

THIRD PARTIES

Your correspondence and dealings with third parties including without limitation job seekers, employers and/or advertisers that you encounter via this Site are solely between you and such entity. You agree that Big Ideas Learning, LLC shall not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any such dealings. In addition, you acknowledge that Big Ideas Learning, LLC does not endorse, verify, or make any representations regarding any third party advertisements, products or services and does not confirm that each user of this Site is who the user claims to be. It is your sole responsibility to research and verify the legitimacy of any organization, individual or prospective employer advertising on this Site, and you are solely responsible for your decision to submit personal information to any third party, whether in connection with potential employment or otherwise.

This Site may provide links to third party websites or resources. Because we do not control such websites and resources, you acknowledge and agree that Big Ideas Learning, LLC is not responsible or liable for the content, products or performance of such third party websites and resources, and you hereby irrevocably waive any claim against Big Ideas Learning, LLC with respect to such websites and resources. Big Ideas Learning, LLC reserves the right to terminate any link at any time without notice. The inclusion of a link to such another website or resource does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by Big Ideas Learning, LLC of that website or resource, or any products or services provided therein. The information practices of those websites are not covered by this or any other policies or terms applicable to this Site. Big Ideas Learning, LLC recommends that you review any terms of use and privacy policy of any linked third party website before providing any information to that website or using its products and services.

PRICING

If we discover an item that you have ordered online through this Site is mispriced, we may do one of the following at our sole discretion: If an item's correct price is lower than our stated price, upon becoming aware of the issue we will contact you and refund the difference of the amount paid by you and the item's correct price. If an item's correct price is higher than our stated price, we will contact you upon becoming aware of the issue for instructions. If we become aware of the issue before the item has shipped, we reserve the right to cancel your order and notify you of such cancellation.

TERMINATION

This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from this Site and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from Big Ideas Learning, LLC, if in Big Ideas Learning, LLC's sole discretion you fail to comply with any term or provision of this Agreement, if you are a repeat infringer of any third party's rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

DISCLAIMER

BIG IDEAS LEARNING, LLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." BIG IDEAS LEARNING, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. BIG IDEAS LEARNING, LLC DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THIS SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THIS SITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS SITE OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. BIG IDEAS LEARNING, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BIG IDEAS LEARNING, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BIG IDEAS LEARNING, LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF BIG IDEAS LEARNING, LLC OR A BIG IDEAS LEARNING, LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BIG IDEAS LEARNING, LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING THIS SITE AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

INDEMNIFICATION
By using this Site, you agree to indemnify, defend and hold harmless Big Ideas Learning, LLC from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on this Site; or (3) any material uploaded by you or through your computer to this Site or otherwise sent by you to Big Ideas Learning, LLC You will cooperate as fully and reasonably as required by Big Ideas Learning, LLC in the defense of any claim. Big Ideas Learning, LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Big Ideas Learning, LLC.

JURISDICTIONAL ISSUES

This Site is controlled and operated by Big Ideas Learning, LLC from its offices in Pennsylvania or other locations in the United States of America. Big Ideas Learning, LLC makes no representation that materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law. You and Big Ideas Learning, LLC each agree to submit to the exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania and the federal courts of the Western District of Pennsylvania, Erie Division. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.

PERMISSION FOR LINKING

If you link to this Site, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by Big Ideas Learning, LLC. Any such link must not damage, dilute or tarnish the goodwill associated with Big Ideas Learning, LLC and/or any Big Ideas Learning, LLC intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Big Ideas Learning, LLC. You may not "frame" this Site. You may not link to this Site from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Big Ideas Learning, LLC's sole discretion. Big Ideas Learning, LLC reserves the right, in its sole discretion, to terminate any link from any web site.

To request permission to place a link from your web site to this Site, please send your name, address, web site URL, and short description of your web site to weblink_request@bigideaslearning.com. COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE

Notification of a copyright infringement claim must be submitted to the following:

Legal Department
Big Ideas Learning, LLC
1762 Norcross Road
Erie, PA 16510
Phone: 814-824-6365
Email: legal@bigideaslearning.com
The notification must be in writing and include:

A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of each alleged infringing copyrighted work or works; Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material; Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address); A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 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.