Please read these Terms of Service (this “Agreement”) carefully before accessing or using any ESH Products and Services (as defined below). Your use of ESH Products and Services constitutes your consent to this Agreement.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION XII BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
A. Binding Agreement. This Agreement constitutes a binding agreement between you and EducationSuperHighway and its affiliates and subsidiaries (“ESH,” “we,”, “our”, “us”) concerning your use of (including any access to or interaction with) the ESH sites located at (1) educationsuperhighway.org, (2) GetACP.org, (3) https://www.educationsuperhighway.org/learnacp/, (4) https://www.educationsuperhighway.org/acpbenefit/resource-hub/, (5) https://www.educationsuperhighway.org/bridge-to-broadband/, and (6) https://map.educationsuperhighway.org/, or other ESH co-branded sites in partnership with our strategic partners such as governmental entities (together with any and all designs, text, materials, graphics, images, trademarks, tradenames, audio files, videos, information, logos, button icons, user interfaces, sounds, artworks, data, information, software and computer code, materials and any other ESH content (collectively, “ESH Content”) and any products, services and/or tools and all related features and functionalities made available therein, and successor site(s) thereto, collectively, the “ESH Products and Services”). “You” and “users” will mean end users of ESH Products and Services. You accept this Agreement each time you access and use ESH Products and Services. If you do not accept this Agreement, you must not use ESH Products and Services. This Agreement hereby incorporates by reference any additional terms and conditions posted by ESH through ESH Products and Services, or otherwise made available to you by ESH.
B. Changes. We may revise this Agreement at any time by posting an updated version through ESH Products and Services. You should visit this page periodically to review the most current Agreement, because you are bound by it. Your continued use of ESH Products and Services after a change to this Agreement constitutes your binding acceptance of this Agreement. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the ESH Products and Services or offer opportunities to some or all users of ESH Products and Services, including hours of operation or availability of ESH Products and Services or any feature, without notice or liability.
C. Children. We do not knowingly collect personal information online from children under the age of 13. If we learn that we have collected any personal information online from children under 13, we will promptly take steps to delete such information. ESH Products and Services are not directed to persons under the age of 13. By using ESH Products and Services, you affirm that you are of legal age to enter into this Agreement. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS ESH PRODUCTS AND SERVICES AT ANY TIME OR IN ANY MANNER.
D. Agent of a Company, Entity, or Organization. If you are using ESH Products and Services on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you:
The terms “post” and “posting” as used in this Agreement will mean the act of submitting, uploading, publishing, displaying, or similar action on ESH Products and Services.
You represent and warrant that the information you provide to ESH upon the making available of ESH Products and Services and at all other times will be true, accurate, current, and complete. Additionally, you represent and warrant that the information you provide in connection with ESH Products and Services will be true, accurate, current, and complete, and that you will maintain and update such information as needed.
To use ESH Products and Services, you may have log-in information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. ESH Products and Services and your account and any user names or passwords you use to access ESH Products and Services are for your personal, non-commercial use only. You are solely responsible for your log-in credentials and for any activity resulting from the use of your log-in credentials on ESH Products and Services. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of ESH Products and Services and to preserve the security and confidentiality of your username and password, and any device that you use to access ESH Products and Services. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify ESH by e-mail to legal@educationsuperhighway.org. You will be solely responsible for the losses incurred by the ESH and others due to any unauthorized use of your account.
ESH Products and Services are governed by our privacy policy, located at https://www.educationsuperhighway.org/privacy-policy/, which is incorporated by reference into this Agreement.
In order for you to access and use certain ESH Products and Services, or for ESH to provide you with certain ESH Products and Services, you may provide User Content to ESH. When you provide or make accessible User Content to ESH, you authorize, and hereby grant the right and license to ESH and its designees to use User Content to provide, develop and improve ESH Products and Services and/or other ESH offerings. The foregoing right is worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers). “User Content” means any data and information provided or otherwise made available to ESH by you or in connection with ESH Products and Services, in each case excluding Usage Data).
When you use ESH Products and Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. By providing your email address and/or phone number to us through your use of ESH Products and Services, you consent to receive communications from us electronically (such as via e-mails, text messages, phone calls, mobile push notices, or notices and messages on this site or through other ESH Products and Services) solely in connection with your use of ESH Products and Services, including communicating with you about reports and analysis results of your use of ESH Products and Services, your household’s Affordable Connectivity Program application, questions about the Lifeline National Eligibility Verifier application, and related information. You may retain copies of all such communications for your records. Your ability to receive text messages from ESH may depend on your wireless telephone carrier or mobile device. Neither ESH nor the wireless carrier will be liable for any delays or failure to deliver text messages. The text message service is provided on an “AS IS” basis. You can cancel texting at any time by texting “STOP”. ESH will send you a text message to confirm that you have been unsubscribed. You can opt in again by texting “UNSTOP”. ESH may use third party outreach platforms for these communications as outlined in our privacy policy.
If you choose to provide a phone number in connection with accessing and using certain Third Party Services provided by the Universal Service Administrative Company, a not-for-profit corporation organized under the laws of Delaware (“USAC”), you consent to letting USAC contact you at that phone number via artificial or prerecorded voice message or text for important reminders and updates about your Affordable Connectivity Program (ACP) benefit. For text messages, message and data rates apply. Text STOP to end messages.
We and our suppliers own ESH Products and Services, which are protected by proprietary rights and laws. Our trade names, trademarks and service marks include “EducationSuperHighway,” “ESH,” the ESH logo, other ESH logos and product and service names and any associated logos. All trade names, trademarks, service marks and logos on ESH Products and Services not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on ESH Products and Services should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
All right, title and interest in and to all ESH Content and the “look and feel”, layout, design, structure, color scheme, selection, combination, arrangement and arrangement of all ESH Content, together with any data, information or materials based on, derived from or otherwise using any of the foregoing (including Usage Data) are owned by ESH and its licensors and are protected under copyright, trademark, and other laws. “Usage Data” means any data and information regarding, gathered through or otherwise generated from access to and use of ESH Products and Services.
You agree to use ESH Products and Services only for their intended purpose. You must use ESH Products and Services in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of ESH Products and Services are prohibited.
In connection with ESH Products and Services, you must not:
1) Post, transmit or otherwise make available through or in connection with ESH Products and Services any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
2) Post, transmit or otherwise make available through or in connection with ESH Products and Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
3) Use ESH Products and Services for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
4) Harvest or collect information about users of ESH Products and Services.
Interfere with or disrupt the operation of ESH Products and Services or the servers or networks used to make ESH Products and Services available, including by hacking or defacing any portion of ESH Products and Services; or violate any requirement, procedure or policy of such servers or networks.
5) Restrict or inhibit any other person from using ESH Products and Services.
6) Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) ESH Products and Services except as expressly authorized herein, without our express prior written consent.
7) Reverse engineer, decompile or disassemble any portion of ESH Products and Services, except where such restriction is expressly prohibited by applicable law.
8) Remove any copyright, trademark or other proprietary rights notice from ESH Products and Services.
9) Frame or mirror any portion of ESH Products and Services, or otherwise incorporate any portion of ESH Products and Services into any product or service, without our express prior written consent.
10) Systematically download and store ESH Content.
11) Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather ESH Content, or reproduce or circumvent the navigational structure or presentation of ESH Products and Services, without our express prior written consent.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use ESH Products and Services.
We reserve the right to prevent access to ESH Products and Services for any reason, at our discretion. We reserve the right to refuse to provide ESH Products and Services to you in the future. Perpetual licenses granted by you to ESH remain in full force and effect.
ESH may terminate or suspend your use of ESH Products and Services at any time and without prior notice, for any or no reason, including if ESH believes that you have violated or acted inconsistently with this Agreement. Upon any such termination or suspension, your right to use ESH Products and Services will immediately cease, and ESH may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials.
We may review and remove data we collect from ESH Products and Services at any time for any reason, including activity which, in our sole judgment: violates this Agreement; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of ESH Products and Services.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of this Agreement and your use of ESH Products and Services.
Certain ESH Products and Services functionality may (a) make available, display or otherwise allow you to view, access, apply for or enroll in certain plans, offers, links, pointers, advertisements, information, sites, applications, content, programs, products, services and other materials provided or made available by third parties (“Third Party Materials”), or (b) allow for the routing or transmission of such Third Party Materials to you, or (c) allow you to transmit or provide User Content to third parties in connection with accessing or using Third Party Materials, including but not limited to accessing services provided by USAC (collectively (a) – (c), “Third Party Services”). Certain Third Party Services may make available the opportunity for you to apply for and/or enroll in certain programs that are provided or administered by the U.S. government. With respect to such programs that you apply for while using Third Party Services, we do not guarantee that you will be presented with offers for any particular types of programs or other products or services or that you will meet the approval criteria for any particular program, product or service. It is always your choice whether to apply for a particular program, product or service through the Third Party Services and we will never submit an application for a program, product or service to any third party on your behalf without your consent.
By using ESH Products and Services to access or use Third Party Services, you are directing us to access, route and/or transmit the applicable Third Party Services. When you follow a link to any Third Party Service within ESH Products and Services, we have no obligation to warn you that you have left ESH Products and Services and are subject to the terms and conditions (including privacy policies) of another website or destination. This Agreement does not govern your use of another website or destination.
We neither control, maintain nor endorse, nor are we responsible or liable for, any Third Party Services, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, any intellectual property rights therein, or any products or services provided by advertisers via such Third Party Materials or any damages, losses, failures, or problems caused by, related to, or arising from Third Party Services. Certain Third Party Services may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by ESH with respect to any Third Party Services. We have no obligation to monitor Third Party Services, and we may block or disable access to any Third Party Services (in whole or part) through ESH Products and Services at any time. In addition, the availability of any Third Party Services through ESH Products and Services does not imply our endorsement of, or our affiliation with, any provider of such Third Party Services, nor does such availability create any legal relationship between you and any such provider.
Any communications or dealings you have with third parties such as USAC, advertisers, internet service providers or other vendors in connection with Third Party Services are between you and the third party, and ESH is not liable for any loss or claim that you may have against any third party. If you provide any confidential or personal information or engage in any transaction in connection with a Third Party Services, ESH is not responsible for such information or transaction, and we encourage you to read the terms of use and privacy policy of the advertiser or other party collecting such information or engaging in such transaction.
YOUR USE OF THIRD PARTY SERVICES IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICES (SUCH AS TERMS OF SERVICE, PRIVACY POLICIES OR OTHER CRITERIA OR TERMS OF THE PROVIDERS OF SUCH THIRD PARTY SERVICES). ANY CLAIM OR DISPUTE ARISING FROM YOUR USE OF ANY THIRD PARTY SERVICES WILL BE SOLELY BETWEEN YOU AND THE APPLICABLE THIRD-PARTY PROVIDER. UNDER NO CIRCUMSTANCES WILL ESH BE LIABLE IN ANY WAY FOR ANY ACT OR OMISSION OF ANY THIRD-PARTY PROVIDER, OR FOR ANY INJURY, LOSS OR DAMAGE THAT YOU MAY INCUR AS A RESULT OF YOUR USE OF THIRD PARTY SERVICES. YOU AGREE TO RESOLVE DISPUTES DIRECTLY WITH SUCH THIRD-PARTY PROVIDER. YOU RELEASE ESH OF ALL CLAIMS, DEMANDS, AND DAMAGES IN DISPUTES INVOLVING YOUR USE OF ESH PRODUCTS AND SERVICES. YOU ALSO AGREE NOT TO INVOLVE US IN SUCH DISPUTES. USE CAUTION AND COMMON SENSE WHEN USING ESH PRODUCTS AND SERVICES.
For the purposes of this Agreement “Released Parties” means ESH and its affiliates, officers, employees, agents, partners, and licensors.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF ESH PRODUCTS AND SERVICES AND ANY THIRD PARTY SERVICES IS AT YOUR SOLE RISK, AND ESH PRODUCTS AND SERVICES AND ANY THIRD PARTY SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THIRD PARTY MATERIALS (INCLUDING ANY THIRD PARTY PROGRAMS, PRODUCTS OR SERVICES OFFERED BY THIRD-PARTY PROVIDERS) THAT APPEAR AS PART OF ESH PRODUCTS AND SERVICES , IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT (i) ESH PRODUCTS AND SERVICES AND ANY THIRD PARTY SERVICES WILL MEET YOUR REQUIREMENTS, (ii) ESH PRODUCTS AND SERVICES AND ANY THIRD PARTY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ESH PRODUCTS AND SERVICES AND ANY THIRD PARTY SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON ESH PRODUCTS AND SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN ESH PRODUCTS AND SERVICES OR ANY THIRD PARTY SERVICES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ESH PRODUCTS AND SERVICES AND ANY THIRD PARTY SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
While we try to maintain the timeliness, integrity and security of ESH Products and Services, we do not guarantee that ESH Products and Services are or will remain updated, complete, correct or secure, or that access to ESH Products and Services will be uninterrupted. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of ESH Products and Services. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained via use of ESH Products and Services. ESH Products and Services may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to ESH Products and Services. Use ESH Products and Services at your own risk.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, PROFITS, ACCESS TO BENEFITS OR MONIES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ESH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE ESH PRODUCTS AND SERVICES OR ANY THIRD PARTY SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF ESH PRODUCTS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON ESH PRODUCTS AND SERVICES AND ANY THIRD PARTY SERVICES; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO ESH PRODUCTS AND SERVICES AND ANY THIRD PARTY SERVICES. 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 IN THIS PARAGRAPH MAY NOT APPLY TO YOU. ESH WILL NOT BE SUBJECT TO ANY INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF, OR ANY PERSON’S ABILITY TO ACCESS, ANY PORTION OF ESH PRODUCTS AND SERVICES, AND YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR IN CONNECTION WITH ESH PRODUCTS AND SERVICES OR ANY ACT OR OMISSION BY ESH OR ANY OF THE RELEASED PARTIES ARE NOT IRREPARABLE, AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ESH PRODUCTS AND SERVICES OR ANY THIRD PARTY SERVICES IS TO STOP USING ESH PRODUCTS AND SERVICES .
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ESH PRODUCTS AND SERVICES OR YOUR USE OF ESH CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any Third Party Services, (ii) your use of or reliance on any ESH Products and Services, or (iii) your breach of this Agreement. We will provide notice to you promptly of any such claim, suit, or proceeding.
This Agreement constitutes the entire agreement between you and ESH concerning your use of ESH Products and Services. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect.
The section titles and annotations in this Agreement are for convenience only and have no legal or contractual effect.
The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND ESH, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT ESH AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS WILL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.
YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
To use K-12 Bridge to Broadband, you must accept this Agreement and these K-12 Bridge to Broadband Additional Terms outlined in the below subsections: 1) License and 2) Prohibited Conduct (together, the “K-12 Bridge to Broadband Terms”). For the purposes of these K-12 Bridge to Broadband Terms, the “K-12 Bridge to Broadband” means ESH’s online, web-based data exchange platform relating to programs for connecting student households for remote learning that is accessible through https://www.educationsuperhighway.org/bridge-to-broadband.
1) License. Subject to your compliance with these K-12 Bridge to Broadband Terms, this Agreement gives you a license to use K-12 Bridge to Broadband.
2) Prohibited Conduct. Your compliance with this section is a condition of your license to use K-12 Bridge to Broadband. When using K-12 Bridge to Broadband, you may not (or allow those acting on your behalf to): (a) remove, disable, circumvent, or otherwise interfere with the security of K-12 Bridge to Broadband; (b) interfere or attempt to interfere with the proper working of K-12 Bridge to Broadband; (c) gain unauthorized access to K-12 Bridge to Broadband or computers linked to K-12 Bridge to Broadband; (d) attempt to or submit a virus to K-12 Bridge to Broadband; (e) take any action imposing an unreasonable or disproportionately large load on ESH’s infrastructure; (f) attempt to or obtain unauthorized access to other users’ accounts; (g) use K-12 Bridge to Broadband in a manner that results in or may result in complaints, disputes, claims, fines, penalties, and other liability to ESH or others; (h) submit incomplete, false, or misleading information; (i) disclose personal information about another person; or (j) use K-12 Bridge to Broadband in an illegal way or to commit an illegal act.
B. Data Mapping Tool Additional Terms
To use the Data Mapping Tool, you must accept this Agreement and these Data Mapping Tool Additional Terms of Service outlined in the below subsections: 1) License, 2) Prohibited Conduct, and 3) Government End User Rights (together, the “Data Mapping Tool Terms”). For the purposes of these Data Mapping Tool Terms, the “Data Mapping Tool” means ESH’s service to allow users to visualize homes of students that lack connectivity and potential broadband solutions for those homes that is accessible through map.educationsuperhighway.org.
1) License. Subject to your compliance with these Data Mapping Tool Terms, this Agreement gives you a license to use the Data Mapping Tool.
2) Prohibited Conduct. Your compliance with this section is a condition of your license to use the Data Mapping Tool. When using the Data Mapping Tool, you may not (or allow those acting on your behalf to): (a) remove, disable, circumvent, or otherwise interfere with the security of the Data Mapping Tool; (b) interfere or attempt to interfere with the proper working of the Data Mapping Tool; (c) gain unauthorized access to the Data Mapping Tool or computers linked to the Data Mapping Tool; (d) attempt to or submit a virus to the Data Mapping Tool; (e) take any action imposing an unreasonable or disproportionately large load on ESH’s infrastructure; (f) attempt to or obtain unauthorized access to other users’ accounts; (g) use the Data Mapping Tool in a manner that results in or may result in complaints, disputes, claims, fines, penalties, and other liability to ESH or others; (h) submit incomplete, false, or misleading information; (i) disclose personal information about another person; (j) use the Data Mapping Tool in an illegal way or to commit an illegal act; or (k) use the Data Mapping Tool in violation of the Mapbox Terms of Service at https://www.mapbox.com/legal/tos or Service Terms at https://www.mapbox.com/legal/service-terms.
3) Government End User Rights. You agree that all software and documentation included in the Data Mapping Tool and any derivatives thereof are commercial items, as defined in 48 C.F.R. § 2.101 and any similar provisions in the applicable jurisdiction, and constitute commercial computer software and commercial computer software documentation, as defined in 48 C.F.R. § 252.227-7014(a)(1) and as used in 48 C.F.R. §§ 12.212 and 227.7202, or similar provisions in the applicable jurisdiction. You further acknowledge and agree that all software and documentation included in the Data Mapping Tool were developed entirely at private expense and that no part of the Data Mapping Tool was first produced in the performance of a contract with any governmental authority. If you are a governmental authority or an employee thereof (acting in capacity as such), this commercial computer software and commercial computer software documentation is provided for use with only those rights as are granted to all other end users pursuant to the terms and conditions of this Agreement, consistent with 48 C.F.R. §§ 12.212, 227.7202-1, and 227.7202-3, and their substantial equivalents in other jurisdictions. The terms and conditions of this Agreement apply to you except to the extent you, as a governmental authority or employee thereof, is prohibited by the laws of your jurisdiction from accepting such terms and conditions. If and to the extent any provision of this Agreement is so prohibited, that provision shall be deemed modified only to the extent reasonably necessary to conform to applicable law but to give maximum effect to this Agreement as written.
Non-English language versions of the EducationSuperHighway Terms of Service are translated by Weglot.
