Please read the following carefully

You have reached the Terms of Use for Virtual Nerd (the "Site") offered by Savvas Learning Company LLC (the "Company"). Your use of the Site is subject to all terms and policies posted on this Site (including the Privacy Statement; collectively referred to as the "Terms of Use"). If you have any questions concerning the Terms of Use, please contact us at k12legal@savvas.com.

IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THESE TERMS OF USE WITH A PARENT OR GUARDIAN AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND.

PLEASE NOTE THAT THESE TERMS OF USE GOVERN ONLY THIS SITE, AND NOT ANY LICENSING RELATIONSHIP FOR OTHER PRODUCTS OR SERVICES OF THE COMPANY. THE USAGE TERMS, PURCHASE TERMS AND/OR PRIVACY POLICIES OF THE COMPANY'S OTHER PRODUCTS AND SERVICES, AND OF ANY PRODUCTS AND SERVICES THAT MAY BE LINKED TO OR FROM THIS SITE, OR THAT MAY BE AVAILABLE FOR PURCHASE THROUGH THE COMPANY, MAY VARY FROM THESE TERMS OF USE.

YOU AGREE TO USE THE SITE IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THESE TERMS OF USE. DO NOT USE THIS SITE IF AT ANY TIME YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE.

PRIVACY

We are concerned about the safety and privacy of all users of the Site, particularly children. Please read our Privacy Statement, which is an important part of the Terms of Use.

CHANGES TO THE TERMS OF USE

We may make additions, deletions, or modifications to these Terms of Use, including the Privacy Statement, from time to time. Such additions, deletions, or modifications shall be effective immediately upon notice, which may be given by any means including, but not limited to, posting within the Site, or by electronic or conventional mail, messaging, or by any other means. Any subsequent use of the Site by you shall be deemed to constitute your acceptance of such additions, deletions, or modifications.

USER LICENSE

You are granted a limited, personal, non-exclusive, non-assignable, and non-transferable license to access and use the Site for non-commercial, personal use only. You may not adapt, download, revise, broadcast, reverse engineer, duplicate, publish, modify, disseminate, display, perform, transfer, or otherwise distribute any content or other material on the Site, unless specifically authorized by the Company or these Terms of Use.

Under no circumstances may a user of the Site

  • frame or use framing techniques to enclose any part of the Site;
  • gather, obtain, use, access or otherwise copy any part of the Site by using any bot, spider, crawler, spy ware, engine, device, software or any other automatic device, utility or manual process of any kind;
  • use the Site or any features available on the Site in any manner with the intent to interrupt, damage, disable, overburden or impair the Site; or
  • engage in any activity that interferes with another user's access, use or enjoyment of this Site.

Use of the Site for any purpose other than as contemplated in these Terms of Use, is a violation of the Company's and/or its licensors' copyright and proprietary rights. Neither the Company 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 on this Site, including any reliance on the accuracy, completeness, or usefulness of such content. All rights not expressly granted herein are reserved by the Company.

Neither the Company nor its licensors guarantee the accuracy or completeness of any instructional content, videos, or other information delivered through the Site ("Materials"). You must evaluate, and bear all risks associated with, the use of any Materials, including any reliance on the accuracy, completeness, or usefulness of such Materials.

TERMINATION

The Company may, at any time, discontinue, temporarily or permanently, the Site or any part thereof, or terminate any user's access to the Site or any part thereof. The Company may also modify, delete, or adapt the Site at any time without any notice or obligation to the user. Your right to use and otherwise access the Site is automatically terminated if you violate these Terms of Use. You agree that the Company will not be liable to you or any other party for any modification, suspension, or discontinuation of the Site, or any part thereof.

LINKS TO AND FROM OTHER WEBSITES; THIRD PARTY TERMS

You may have linked to the Site from a third-party website (e.g., your school's intranet site). Additionally, the Site may provide links to other third-party websites or resources. Because the Company does not control your school's intranet site or such other third party websites and resources, you acknowledge and agree that the Company is not responsible or liable for the content, products or performance of your school's intranet site or such other third-party websites and resources, and you hereby waive any claim against the Company with respect to your school's intranet site or such other third-party websites and resources. The information practices of those third-party websites, including your school's intranet site, are not covered by these Terms of Use or any other policies or terms applicable to the Site. We recommend that you review any terms of use and privacy policy of your school's intranet site and any third-party website linked to the Site before providing any information to those websites or using their products and services.

Please note that this Site may also provide links to or from other sites brought to you by the Company. The privacy statement and terms of use of other Company sites (including, without limitation, Company sites that are used to deliver our digital products and services to our customers) may vary from these Terms of Use. Please review the privacy statements, terms of use, and other policies that may apply to other Company sites prior to your use of such sites.

COPYRIGHT AND TRADEMARK NOTICES

The contents of this Site and any supporting software are the property of the Company 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 Site without the express written consent of the Company and/or its licensors is strictly prohibited.

Unless otherwise indicated, trademarks that appear within the Site are trademarks of the Company or its affiliates. All other trademarks not owned by the Company or its affiliates that appear within the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company 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 the Company or its affiliates.

DISCLAIMER OF WARRANTIES

THIS SITE IS PROVIDED "AS IS," AND THE COMPANY DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THIS SITE. FOR EXAMPLE, WE DO NOT MAKE ANY WARRANTIES ABOUT:

  1. THE CONTENT PROVIDED THROUGH THIS SITE; OR,
  2. THE SPECIFIC FEATURES OF THIS SITE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. THIS DISCLAIMER DOES NOT AFFECT WARRANTIES EXPRESSLY PROVIDED BY THE COMPANY FOR ANY COMPANY PRODUCTS LINKING TO THIS SITE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR CONTRACTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY OR AN AUTHORIZED COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  1. THE LOSS OF DATA AND/OR THE USE OF, OR THE INABILITY TO USE, THE SITE; OR,
  2. ANY OTHER MATTER RELATING TO YOUR USE OF THE SITE. THE COMPANY'S AND ITS AFFILIATES' TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THIS SITE SHALL NOT EXCEED $100 USD.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the limitations above may not apply to you.

INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its affiliates, and their respective directors, officers, employees, agents and licensors (collectively, "Indemnified Parties"), from any claims, actions, costs, liabilities, expenses and damages, including reasonable attorneys' fees and expenses, made against such Indemnified Parties by any third party due to or arising out of your improper use of the Site, your violation of these Terms of Use, or your violation of any rights of another user.

SUBMISSIONS

The Company always welcomes suggestions and comments regarding the Site or its products and services. Any comments or suggestions submitted to the Company, through the Site or otherwise, will become the Company's property upon their submission, and the Company may use such comments or suggestions without any further obligation or attribution to you.

DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE

If you have any copyright concerns about any materials posted on the Site by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. ยง 512). Please provide us with written notice ("Notice") by contacting our Designated Agent at the following address:
Designated Agent, Legal Department, Savvas Learning Company LLC, 15 E. Midland Avenue, Suite 502 Paramus, NJ 07652 E-mail: k12legal@savvas.com

To be effective, the Notice must include the following:

  1. A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly being infringed upon;
  2. Information reasonably sufficient to permit the Company to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
  3. Identification of the allegedly infringing material within the Site ("Infringing Material"), and information reasonably sufficient to permit the Company to locate such material within the Site;
  4. Identification of the copyrighted work claimed to have been infringed upon ("Infringed Material"), or if multiple copyrighted works at a single website are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
  5. A statement that the Complaining Party has a good faith belief that use of Infringing 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 Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

GENERAL INFORMATION; GOVERNING LAW

These Terms of Use constitute the entire agreement between you and the Company governing your use of the Site. You may also be subject to additional terms and conditions that may apply when you use the Company's products or services, third-party content, or third-party software. These Terms of Use and the relationship between you and the Company will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and the Company 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 the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these 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 these 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 Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

VIOLATIONS

Please report any violations of these Terms of Use to us by contacting us at

k12legal@savvas.com or via mail at Savvas Learning Company LLC, Attention: Legal Department, 15 E. Midland Avenue, Suite 502, Paramus, NJ 07652.

Last Revised: August 18, 2020