Thank you for your interest in using the online services operated by Thinkmap, Inc. d/b/a Vocabulary.com (hereafter called "Vocabulary.com"), a division of IXL Learning, Inc. (“IXL”). These Terms of Service govern your use of online and/or mobile services, websites, and software provided on or in connection with www.vocabulary.com (collectively, the "Service"), which are offered through (i) www.vocabulary.com (the “Site”), (ii) mobile applications associated with www.vocabulary.com, and (iii) any other Vocabulary.com and/or IXL website, app or online service which links to these Terms of Service.
A note about Student Data: This Service may be purchased by providers of educational services, such as schools, school districts, or teachers (collectively referred to as "Schools") that use our services for educational purposes. When Vocabulary.com contracts with a School to provide the Service, we may collect or have access to Student Data (defined below), which may be provided by the School or by the student. We consider such Student Data to be strictly confidential and in general do not use such data for any purpose other than improving and providing our Services to the School or on the school's behalf. Our collection, use and sharing of Student Data is governed by this Agreement and any applicable laws and regulations including, in the U.S., provisions of the Family Educational Rights and Privacy Act ("FERPA"), the Children's Online Privacy Protection Act ("COPPA") and applicable state laws.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Site Usage
1.1. You may use the site for lawful, non-commercial purposes. You shall not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Site. You may download copyrighted content solely for your personal use, but will make no other use of the content without the express written permission of Vocabulary.com and the copyright owner. You shall not make any changes to any content that you are permitted to download under this Agreement, and in particular you shall not delete or alter any proprietary rights or attribution notices in any content. You agree that you shall not, at any point, acquire any ownership rights in any downloaded content. Unless explicitly stated otherwise, any new or improved features to the Service shall be provided subject to this Agreement. You understand and agree that the Service is provided "as-is" and that Vocabulary.com assumes no responsibility for any mistakes, errors, or omissions, including any unavailability of the Service or deletion or loss of any data relating to the Service.
Vocabulary.com grants you a personal, non-transferable and non-exclusive right and license to use the Service. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Vocabulary.com for use in accessing the Service.
To use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees or other costs associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
1.2. Acceptable Means of Using Content: In the following cases, you can use content from the Service without explicit written permission:
Academic Use of definitions and related content.
You may use word definitions from the word pages and excerpts from the articles from the Vocabulary.com Blog for personal use, in a classroom, or in scholarly works, so long as such usage would be considered "fair use" and the material is cited with the following attribution "Text from Vocabulary.com, Copyright ©1998-20__ Vocabulary.com, Inc. All rights reserved." The entire attribution should provide a link back to the page from which it was cited.
You may use word definitions and excerpts from the articles from the Vocabulary.com blog for personal use, in a classroom, or in scholarly works, so long as such usage would be considered "fair use" and the material is cited with the following attribution "Text from Vocabulary.com (https://www.vocabulary.com), Copyright ©1998-20__ Vocabulary.com, Inc. All rights reserved."
Full text of articles from the Vocabulary.com Blog or definitions that appear on word pages.
Abstracts from articles from the Vocabulary.com Blog
You can post abstracts of articles from the Vocabulary.com, (these are the summaries that are currently available on https://www.vocabulary.com/blog), so long as you do not remove the "Read More" and the associated link to the rest of the article on the Site. You can also subscribe to an RSS feed and read these abstracts from an RSS feed reader.
You can print abstracts for personal use. Otherwise please fill out this form to request permission.
Other than the cases above, if you want to post, publish, or use content from (or contained within) the Site on your web site or in any other Internet activity, you will need permission from Thinkmap, even though your Web site or Internet activity is free of charge. Requests should be directed to this form .
Other than the cases above, if you want to post, publish, or use content from (or contained within) the Site on your web site or in any other Internet activity, you will need permission from Thinkmap, even though your Web site or Internet activity is free of charge. Requests should be directed to this form.
1.3. Do not systematically retrieve content to create another product: You may not engage in systematic retrieval of content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without express written permission from Vocabulary.com; similarly, you may not “mirror” the home page or any other pages of the Site onto any other website.
1.4 Your Communications: You are responsible for your own communications and any consequences associated with sending them through Vocabulary.com’s system. In accordance therewith, please be mindful of the following guidelines, which are not intended to be comprehensive:
1.5 Linking: You may link to the Site and may link directly to word pages from vocabulary.com using the following link format: "https://www.vocabulary.com/dictionary/x" where x is the word to be looked up. You may not, however, frame Site content, surround it with your own advertising or identity, or charge a fee for any link to the Site.
2. Eligibility and Authority
Vocabulary.com does not sell the Service to children, but only to adults who can purchase the Service with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Service only with the involvement and consent of a parent, legal guardian, or at the direction of your School. Your School may impose additional policies regarding the use of the Service, with which you must comply.
If you open a Vocabulary.com account to provide the Service to students in a School, you represent and warrant that you are an authorized representative of the School with the authority to bind the School to this Agreement, and that you agree to this Agreement on the School's behalf. If you contact Vocabulary.com to take any action with respect to an account, you represent and warrant that you have all necessary authority to request such action(s) from or on behalf of the account-holder (e.g., a School or Parent).
3. Subscriptions/Accounts If any of the products or services available from the Service require you to open an account, you must: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Vocabulary.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vocabulary.com has the right to suspend or terminate your account and refuse all current or future use of the Service (or any portion thereof).Vocabulary.com reserves the right to expel users and prevent their further access to its system for violating the law or this Agreement.
You will have a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Vocabulary.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
Vocabulary.com cannot and will not be liable for any unauthorized access to your account or data that arises from your acts or omissions.
Vocabulary.com accounts may not be shared by more than one person or organization unless express authorization is given by IXL Learning, Inc.
4. School Accounts and Student Data
This Section applies to a School's use of the Service.
When the Vocabulary.com Service is used by a School for an educational purpose, Vocabulary.com may collect or have access to Student Data that is provided by the School or by a student. "Student Data" is personal information that is directly related to an identifiable student and may include "educational records" as defined by the Family Educational Rights and Privacy Act ("FERPA").
Compliance with Laws. In the U.S., Vocabulary.com may collect and process Student Data as a School Official with a legitimate educational interest pursuant to the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. § 1232(g). Individually and collectively, we and our School Users agree to uphold our obligations under FERPA, COPPA, the Protection of Pupil Rights Amendment ("PPRA"), applicable State laws relating to student data privacy, and with all other laws and regulations governing the protection of Student Data.
Use of Student Data. By submitting, providing us access to, or causing us to receive Student Data, you agree that Vocabulary.com may use the Student Data for the purposes of (i) providing the Service, (ii) improving and developing our Service, (iii) enforcing our rights under these Terms, and (iv) as permitted with the School's or the User's consent.
Use of De-Identified or Anonymized Student Data. You agree that both before and after the term of the Agreement, Vocabulary.com may collect, analyze, use, and retain data derived from Student Data as well as data about users' access and use of the Service, for the purpose of operating, analyzing, improving or marketing the Service, developing new products or services, conducting research or other purposes, provided that Vocabulary.com may not share or publicly disclose information that is derived from Student Data unless such data is de-identified and/or anonymized such that it cannot reasonably identify a specific individual.
Use of Personal Information for Marketing. You agree that Vocabulary.com may provide customized content, advertising, and commercial messaging to school, teacher or district administrative users and other non-student users from time to time, provided that such advertisements shall not be based on Student Data. For emphasis, and without limitation, Vocabulary.com shall never use Student Data to engage in targeted advertising.
Vocabulary.com is not required to delete data that has been derived from Student Data if such data is de-identified and/or anonymized such that it cannot reasonably identify a specific individual.
Data Security and Breach Notification. We have implemented administrative, physical and technical safeguards designed to secure the personal information in Vocabulary.com's possession and control from unauthorized access, disclosure and use. If an unauthorized party gains access to or has been disclosed Student Data (a "Security Event"), that we have collected or received through the Service under this Agreement, we will promptly notify the School. If, due to a Security Event which is caused by the acts or omissions of Vocabulary.com or its agents, a notification to an individual, organization or government agency is required under applicable privacy laws, the School shall be responsible for the timing, content, and method of any such legally-required notice and compliance with such laws and Vocabulary.com shall indemnify the School for reasonable costs related to legally-required notifications. With respect to any Security Event which is not caused by the acts or omissions of Vocabulary.com or its agents, Vocabulary.com shall reasonably cooperate with School's investigation of the Security Event, as School requests, at School's reasonable expense, but Vocabulary.com shall not indemnify a School for costs associated with the Security Event. Vocabulary.com shall be responsible for the timing, content, cost and method of notice and compliance with such laws as they relate to users that are not associated with a School account.
State Specific Terms. The following additional terms may apply depending on the state in which a School is located:
This Section 4.1 applies to the use of the Service by Schools located in the State of Connecticut. The purpose of this Section 4.1 is to document compliance with applicable Connecticut state laws that may apply to the use of the Service by Schools in Connecticut, such as Conn. Gen. Stat. Ann. § 10-234aa-dd. This Section 5.1 incorporates by reference the definitions set forth in Conn. Gen. Stat. Ann. § 10-234aa.
If you open a Vocabulary.com account to provide the Service to students in a School located in the State of Connecticut, you represent and warrant that you are authorized to do so on behalf of the local or regional board of education with authority over the School and that you are authorized to communicate with Vocabulary.com on behalf of the local or regional board of education.
Vocabulary.com and you shall comply with all applicable sections of Conn. Gen. Stat. Ann. § 10-234aa-dd. The following terms shall apply as required by Conn. Gen. Stat. Ann. § 10-234bb. To the extent that any such required terms conflict with other terms in this Agreement, the terms of this Section 4.1 shall apply.
4.2 New York
This Section 4.2 applies to the use of the Service by Schools located in the State of New York. The purpose of this Section 4.2 is to document compliance with New York state laws that may apply to the use of the Service by Schools in New York, such as New York State Education Law Section 2-d (Ed Law 2-d) and Part 121 of Title 8 of the Codes, Rules and Regulations of the State of New York (8 CRR-NY § 121). This Section 4.2 incorporates by reference the definitions set forth in Ed Law 2-d § 3 and 8 CRR-NY § 121.1.
If you open a Vocabulary.com account to provide the Service to students in a School located in the State of New York, you represent and warrant that you are authorized to do so on behalf of the educational agency with authority over the School and that you are authorized to communicate with Vocabulary.com on behalf of the educational agency.
Vocabulary.com and you shall comply with all applicable sections of Ed Law 2-d and 8 CRR-NY § 121. The following terms shall apply as required by Ed Law 2-d § 5(b)(3) and 8 CRR-NY § 121.3, 121.6. To the extent that any such required terms conflict with other terms in this Agreement, the terms of this Section 5.2 shall apply.
5. User Content
You are solely responsible for any content that you create, transmit or display while using the Service.
The Service or Vocabulary.com may now or in the future allow Users to submit, post, display, provide, or otherwise make available content such as text, images, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as "User Content").
We claim no ownership rights over User Content created by you. The User Content you create remains yours.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service or to Vocabulary.com, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Vocabulary.com a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Vocabulary.com's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
You must have the legal right to the User Content you submit to the Service. You may not upload or post any User Content to the Service that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party's right of privacy or right of publicity. You may post only User Content that you have permission to post by the by the owner or by law.
6. COPYRIGHT COMPLAINTS
It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Vocabulary.com's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
The above information must be submitted to the following DMCA Agent:DMCA Agent; Legal Department Vocabulary.com 777 Mariners Island Blvd. Suite 600 San Mateo, CA 94404
Email: [email protected]
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying Vocabulary.com and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Vocabulary.com's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Vocabulary.com has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Vocabulary.com may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
7 SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction(s) in which you reside. You agree to comply with all applicable laws regarding the transmission of data exported from the United States or the jurisdiction(s) in which you reside.
To the extent permitted by applicable law, you agree to indemnify and hold Vocabulary.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) content you submit, post, transmit or make available through the Service, including without limitation, User Content, (ii) your use or misuse of the Service, (iii) your connection to the Service, (iv) your violation of the Agreement, (v) your violation of any applicable law or the rights of another person or entity, (vi) your willful misconduct, or (vii) any other party's access and use of the Service with your unique username, password, or other appropriate security code. Vocabulary.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
10. NOTIFICATION PROCEDURES AND MODIFICATIONS TO AGREEMENT
Vocabulary.com may provide notifications, whether required or provided by law or otherwise, to you via e-mail notice, written or hard copy notice, or through posting of such notice on our website, as determined by Vocabulary.com in our sole discretion.
Vocabulary.com may, in its sole discretion, modify or update this Agreement from time to time, which will be reflected in the `date last modified´ set forth below. If we change this Agreement in a material manner, we will update the `Effective Date´ at the top of this page and notify you that material changes have been made to this Agreement. Your continued use of the Services following such update constitutes your acceptance of the revised Terms. If you do not agree to any of the terms in this Agreement or to any future terms in a future revision of this Agreement, do not use or access (or continue to access) the Service.
Notwithstanding the foregoing, Vocabulary.com shall not make any material change to the Terms that relate to the collection or use of Student Data without first giving notice to the school or parent and providing a choice before the Student Data is used in a materially different manner than was disclosed when the information was collected.
In the event that you have entered into a signed, written agreement with Vocabulary.com in addition to this Agreement, any changes to this Agreement will not be effective as to you until either (a) you affirmatively accept the changes to this Agreement, either electronically or in a signed writing or (b) upon renewal at the end of the current term of your account.
You will not be permitted to continue using the Service and Vocabulary.com reserves the right to cancel your account without notice if you refuse or otherwise fail to accept changes made by Vocabulary.com to this Agreement.
Notices that are required or permitted to be sent to Vocabulary.com must be sent to the following mailing address by certified mail with a copy sent by e-mail.Legal Department Vocabulary.com 777 Mariners Island Blvd. Suite 600 San Mateo, CA 94404
Email: [email protected]
11. MODIFICATION OR TERMINATION OF SERVICE
Vocabulary.com reserves the right at any time and from time to time to modify or temporarily discontinue the Service (or any part thereof) with or without notice. You agree that Vocabulary.com shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Service. In the event of permanent discontinuance of the Service, Vocabulary.com's liability is limited to the paid subscription price, pro-rated to the amount of time remaining on the subscription.
You agree that Vocabulary.com, in its sole discretion, may suspend or terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if Vocabulary.com believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Service under any provision of this Agreement may be implemented without prior notice, and you acknowledge and agree that Vocabulary.com may immediately deactivate or delete your account and all data relating to your account and/or bar any further access to the Service. Further, you agree that Vocabulary.com shall not be liable to you or any third party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other Internet websites or resources. Because Vocabulary.com has no control over such sites and resources, you acknowledge and agree that Vocabulary.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Vocabulary.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. Vocabulary.com's PROPRIETARY RIGHTS
The content of the Site and the Service, including all underlying software used in connection with the Service (collectively the "Software"), is the property of Vocabulary.com and its affiliated companies or licensors, and is protected by international copyright, patent, and trademark laws. YOU SHALL NOT REPRODUCE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR CREATE DERIVATIVE WORKS WITH RESPECT TO THE SOFTWARE. Plumb Design, Vocabulary.com, vocabulary.com, VQ, Informotion, and Visual Thesaurus are either trademarks or registered trademarks of Vocabulary.com or its affiliates or licensors. The names of other companies and products mentioned on or via the Service may be the trademarks of their respective owners. Reference to such third party trademarks is for informational purposes only and is not intended to indicate or imply any affiliation, association, sponsorship, or endorsement. Any rights not expressly granted herein are reserved.
You acknowledge and agree that the Service and the Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Vocabulary.com or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Any automated scraping, harvesting, indexing, mining, or any other extraction of any content from the Service is expressly prohibited.
The Service is protected by copyright and other laws in both the United States and elsewhere. Under the terms of this Agreement, it is expressly forbidden to distribute or reproduce the content of the Service or any portion thereof by any means, including but not limited to electronic and print.
Vocabulary.com reserves the right to cancel your account without refund if it is determined that you have violated this section of the Agreement.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Vocabulary.com, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Vocabulary.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
In no event shall Vocabulary.com or its subsidiaries, parent companies, affiliates, licensors, contractors, employees, officers, directors, agents or third-party partners' total liability to you for all damages, losses, and causes of action arising out of or relating to this Agreement or your use of the Vocabulary.com Service (whether in contract, tort, warranty or otherwise, exceed the amount paid by you, if any, for accessing the Vocabulary.com Service during the twelve (12) months preceding your claim or one hundred dollars ($100), whichever is greater.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN CLAIMS OR DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
17. TRADEMARK INFORMATION
Vocabulary.com and the Vocabulary.com logo are registered trademarks of Vocabulary.com Learning, Inc. You agree not to use any Vocabulary.com trademarks without the express advance written permission of Vocabulary.com.
18. GOVERNING LAW AND VENUE
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). This Agreement is a contract for the provision of services and not a contract for the sale of goods. The provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or any substantially similar legislation as may be enacted, shall not apply to this Agreement. If you are located outside of the territory of the United States, the parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not govern this Agreement or the rights and obligations of the parties under this Agreement.
You agree to submit to the personal jurisdiction of the federal and state courts located in San Mateo County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Mateo County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings if the arbitration provision below is found to be unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Vocabulary.com. For any dispute with Vocabulary.com, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Vocabulary.com has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Mateo County, California, unless you and Vocabulary.com agree otherwise. If you are a School or are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Vocabulary.com from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
20. CLASS ACTION/JURY TRIAL WAIVER
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Vocabulary.com ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
21. ADDITIONAL TERMS FOR MOBILE APPLICATIONS
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