Terms of Use
Effective Date: August 1, 2024
Thank you for visiting the website (the “Website”) of iCivics, Inc. (together with its affiliates, collectively, “iCivics,” “we,” “us” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Website (including, but not limited to, any content, materials, documents, functionality, products and services offered or provided on or through the Website).
Please read these Terms of Use carefully before you start to use the Website. Access to certain areas on the Website may be subject to age restrictions. By accessing or using the Website, you certify that you are at least the required age (or have obtained your guardian’s permission) to use the Website and you accept and unconditionally agree to be bound and to abide by these Terms of Use and our Privacy Policy (incorporated herein by reference). Please read the Privacy Policy carefully as it is intended to inform you about our practices regarding our collection, use, disclosure and other processing of your personal information and certain rights you may have regarding your personal information. If you do not want to agree to these Terms of Use or the terms and conditions of the Privacy Policy, please stop accessing or using the Website.
We may revise, update, suspend, remove and/or otherwise change all or any portion of these Terms of Use from time to time in our sole discretion. All updates are effective immediately when we post them here and apply to all access to and use of the Website on a go-forward basis. For this reason, you should check the Website periodically to see if any recent changes to these Terms of Use have been made and we encourage you to review these Terms of Use whenever you visit the Website so you are aware of any updates, as they will be applicable to you. Your continued use of the Website following the posting of changes constitutes your acceptance of such changes. If you do not want to agree to any revised Terms of Use, you should not continue to access or use the Website.
We may provide you with products or services that have additional terms and conditions (including, but not limited to, terms of use and/or privacy terms, policies or notices) that apply in connection with your use of such products or services. In the event of any conflict between these Terms of Use and any such terms and conditions, such additional terms and conditions will govern in relation to your use of such products or services.
1. Uses of Our Website and Content
Unless otherwise noted, the Website, any and all materials, documents, data, content and information on the Website (including, but not limited to, text, images, graphics, illustrations, designs, icons, photographs, video clips, user interfaces and other materials, collectively, the “Content”), including any Content that was created by or for iCivics, and any and all trademarks, trade dress, logos, copyrights and other intellectual property in such Content or otherwise displayed on the Website, are owned, controlled or licensed by iCivics. The Website and the Content are intended solely for noncommercial and personal, teaching or research use. iCivics grants you a limited, revocable, nonexclusive and nontransferable right to access, view, store, bookmark, download, copy and print the Content or pages from the Website, in each case solely for your lawful, noncommercial and personal, teaching or research use in accordance with these Terms of Use. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying, and any such downloads or copies are subject to these Terms of Use.
iCivics grants you a limited, revocable, nonexclusive and nontransferable right to create a hyperlink to the homepage of the Website, so long as the link does not portray iCivics or its products or services in a false, misleading, derogatory, illegal, offensive, objectionable or otherwise inappropriate manner. You may not use any iCivics logo or other proprietary graphic or trademark as part of the link without iCivics’ express prior written permission. You may not use any meta tags or any other “hidden text” utilizing iCivics’ name or trademarks without the express prior written permission of iCivics.
Other than the foregoing limited rights expressly granted to you, all rights, title and interest in and to the Website, the Content, and any and all related intellectual property are hereby expressly reserved by iCivics and its licensors, as applicable.
You hereby expressly agree not to:
- reproduce (except as noted above), publish, transmit, repost, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Website (in each case unless you receive our permission in advance);
- use any trademark, trade name, trade dress, service mark, logo, graphic, page header, button icon or script of iCivics or any third party that appears on the Website or in any of the Content without the prior written consent of iCivics or the applicable rightsholder;
- perform any fraudulent activity, including using a false email address, impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, falsifying your identity or any information about you, including age or date of birth, or otherwise misleading others as to the origin of any content;
- express or imply that any statements you make are endorsed by iCivics, without its express prior written permission;
- imply or suggest that iCivics has endorsed or is affiliated with any other websites external to the Website, or display the Website as “framed” within another website;
- post or upload (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes iCivics’ or any third party’s intellectual property or other rights, (b) any material, nonpublic information about companies without the authorization to do so, (c) any trade secret of any third party or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
- use the Website in any manner that could disable, overburden, damage or impair the site or interfere with any other person’s use of the Website, including, but not limited to, such person’s ability to engage in real-time activities through the Website (if applicable);
- use any robot, spider or other automatic device, process or means to access the Website for any purpose, including, but not limited to, monitoring or copying any Content or otherwise engaging in any “web scraping” activity with respect to the Website or any Content;
- use any manual process to monitor or copy any Content or for any other purpose in relation to the Website or any Content (in each case except as expressly permitted by these Terms of Use or unless you receive our permission in advance);
- use any Content in connection with, or to develop or train, any large language model, neural network or artificial intelligence (including, but not limited to, any form of generative artificial intelligence);
- remove, alter or obscure any copyright or other notices or legends contained in any Content downloaded from the Website, or alter or modify any Content;
- delete, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website;
- use any device, software or routine that interferes with the proper working of the Website;
- introduce any viruses, Trojan horses, worms, defects, date bombs, time bombs, logic bombs or other material which is malicious or technologically harmful;
- interfere with any user’s enjoyment of the Website, including by making unsolicited offers or advertisements to other users, engaging in spamming or flooding, attempting to collect or store personal information about other users or otherwise harassing users;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
- attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
- use or attempt to use the Website for any purpose that is prohibited by these Terms of Use (including, but not limited to, any use that infringes another’s copyright rights);
- use the Website, or encourage or assist others to use the Website, for any illegal purpose or fraudulent activity or to otherwise violate any law, regulation, rule or the intellectual property or contractual rights of others, to attempt to violate the security of the Website, or to gain access to the identities, information or computers of others through the Website; or
- otherwise attempt to interfere with the proper working of the Website.
iCivics has the right (but not the obligation) to monitor the Website for any unauthorized, false, misleading, derogatory, illegal, offensive, objectionable or otherwise inappropriate conduct and to take all appropriate actions in response, without notice to you. At any time, and in our sole discretion, we also may revoke your right to use all or any portion of the Website or the Content. We may investigate any complaint regarding, or suspected violation of, these Terms of Use, and may report any activity relating to the Website or the Content to regulators, law enforcement officials or other persons or entities that we deem appropriate.
2. Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by iCivics infringe your copyright, you (or your agent) may send iCivics a notice (at the address set forth below) requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner, (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works), (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow iCivics to locate the material on the Website, (d) the name, address, telephone number and email address (if available) of the complaining party, (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law, and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. iCivics suggests that you consult your legal advisor before filing a notice. Please be aware that there can be penalties for false claims under the DMCA. Please note that iCivics may terminate any user who it reasonably believes to be a repeat copyright infringer.
3. International Use
The Website is operated and controlled by us in the United States, and the Content provided in or accessible through the Website is, unless otherwise specified, directed at residents of the United States. Despite the global nature of the Internet, iCivics makes no claims that the Content or the Website is appropriate or may be viewed or used outside the United States. Access to the Website from countries or territories where such access is illegal is prohibited. iCivics makes no representations that the products or services discussed on or accessible through the Website are available or appropriate for use in all jurisdictions or by all users. Those who access the Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.
4. Links to Other Websites
If the Website contains links to websites, resources or content provided by third parties, such links are provided for your convenience only. These Terms of Use do not apply to or govern the practices of third-party companies or websites that use our products or services, that can be accessed through links contained on our Website, or that we do not own or control. We are not responsible or liable for any linked or referenced websites, for any content on or accessible through such websites, for any products or services offered or provided by third parties, or for the policies and practices followed by any third parties. We encourage you to read the terms of use and privacy policies of such third-party companies or websites as their terms of use and privacy policies may differ from ours. Our links to other websites or displays of any advertisements or third-party content do not mean we endorse any other company’s or website’s content, products, services, terms of use, or privacy or information security practices. iCivics expressly disclaims responsibility for the policies and practices of third-party websites linked to from the Website and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to from the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
5. Third Party Materials
Please note that third parties have contributed materials or portions thereof to the Website. The inclusion of such information does not indicate any approval or endorsement of the views expressed therein. iCivics expressly disclaims any liability with respect to third-party materials on the Website. However, iCivics retains the right, which it may or may not exercise in its sole discretion, to review third-party material and to edit or delete any third-party material that iCivics deems to be false, misleading, derogatory, illegal, offensive, objectionable or otherwise inappropriate.
6. User Content
iCivics welcomes and values your contributions to the Website. You may post content, reviews, comments, creative suggestions, ideas, notes, concepts, information or other materials (collectively, “User Contributions”) on or through the Website or by otherwise sending or transmitting to iCivics. By providing any User Contribution to iCivics, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such User Contribution for any purpose without compensation to you.
You hereby represent and warrant that (a) you own, or otherwise have the right to grant the license granted above with respect to, any User Contribution you post to the Website and (b) all of your User Contributions will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you post, and you, not we, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
7. Accessing the Website; Account Security
Accessing certain areas or features of the Website may, or may in the future, require you to register or may otherwise ask for your information. You may choose not to provide such information, but your ability to access certain areas or features of the Website may be limited. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
In addition, certain areas of the Website may be, or may in the future be, password-protected. You may not attempt to access any password-protected areas of the Website without authorization. If you have been issued a password for the Website, you agree that iCivics has granted you limited access to specific Content pertaining to products and services relevant to you, and you agree not to attempt to access other Content.
All information that iCivics provides to Website users supplying a password is confidential and intended solely for the information of its intended recipient.
You are solely responsible for maintaining the confidentiality of your passwords, account information, usernames and/or security questions and answers relating to any personal account you create on the Website (your “Account”), for logging off your Account and any protected areas of the Website when you finish a session, and for restricting access to your computers and devices. Accordingly, you should protect the confidentiality of your Account, and you agree to notify iCivics immediately and promptly change your password if you become aware of any unauthorized access to, or use of, your username, password or Account. If you share your username or password with a third party, you assume all responsibility for all such party’s activity related to the Website, and you agree to accept sole responsibility for any and all activity that occurs under your Account.
Each Account is subject to our approval. We have no obligation to provide Accounts or any products or services to you. We have the right to suspend, disable or terminate any Account and/or your access to or use of the Website at any time in our sole discretion, with or without notice, for any or no reason, including (but not limited to) if, in our opinion, you have violated any provision of these Terms of Use. If your Account or access to or use of the Website is suspended, disabled or terminated, your right to use the Website will immediately cease and you must destroy all Content obtained from the Website and all copies thereof, whether made under these Terms of Use or otherwise. Any information and content previously provided by you, including any User Contributions, may no longer be accessible through your Account, but we may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Website.
8. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that any Content available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.
iCivics has worked hard to develop the Website and all products, services and materials on the Website that assist students, educators, parents and guardians in the learning process. Nonetheless, YOUR USE OF THE WEBSITE, THE CONTENT AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THE CONTENT AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ICIVICS, NOR ANY OF ITS AFFILIATES, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER ICIVICS, NOR ANY OF ITS AFFILIATES, NOR ANY RELATED PERSON REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, THE CONTENT OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ICIVICS, ITS AFFILIATES, AND ALL RELATED PERSONS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. The materials on this Website should not be construed as professional advice on any subject matter, and availability or use of the materials on this Website is not intended to create, and does not create, any professional services relationship.
9. Limitation of Liability
iCivics is a nonprofit organization with limited resources, which provides products and services to its users at no cost. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ICIVICS OR ANY OF ITS AFFILIATES, OR ANY RELATED PERSON BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (“DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OR DISTRIBUTION OF THE WEBSITE OR THE CONTENT OR OTHERWISE WITH RESPECT TO THESE TERMS OF USE OR ANY OTHER WRITING (INCLUDING, BUT NOT LIMITED TO, ANY DATA PRIVACY OR OTHER SIMILAR AGREEMENT ENTERED INTO BY ICIVICS), INCLUDING, BUT NOT LIMITED TO, DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION, OR ANY CONTENT OBTAINED THROUGH USE OF THE WEBSITE. THIS IS TRUE EVEN IF ICIVICS OR ANY OF ITS AFFILIATES, OR ANY RELATED PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SPECIAL DAMAGES UNDER THESE TERMS OF USE OR ANY OTHER WRITING (INCLUDING, BUT NOT LIMITED TO, ANY DATA PRIVACY OR OTHER SIMILAR AGREEMENT ENTERED INTO BY ICIVICS) INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTIONS AND CLAIMS OF CUSTOMERS.
FURTHER, THE AGGREGATE LIABILITY OF ICIVICS AND ITS AFFILIATES, AND ANY RELATED PERSONS IN RELATION TO THESE TERMS OF USE OR ANY OTHER WRITING (INCLUDING, BUT NOT LIMITED TO, ANY DATA PRIVACY OR OTHER SIMILAR AGREEMENT ENTERED INTO BY ICIVICS) WILL NOT IN ANY EVENT EXCEED THE AGGREGATE AMOUNT OF ONE THOUSAND DOLLARS ($1,000.00).
10. Idemnification
You hereby agree to defend, indemnify and hold harmless iCivics, its affiliates, and its and their respective Related Persons, licensors, service providers, suppliers, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including, but not limited to, reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your account registration and any User Contribution, or your use of the Content or any products or services obtained from or through the Website (other than as expressly authorized in these Terms of Use).
11. Governing Law and Forum; Dispute Resolution
All matters relating to the Website, the Content, these Terms of Use, the User Contributions or any action, dispute, proceeding, claim or controversy arising therefrom or related thereto (in each case, including, but not limited to, non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, the Website or these Terms of Use shall be instituted exclusively in the federal courts of the United States, or the courts of the State of New York, in each case located in the County of New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by any of the foregoing courts and to venue in such courts.
You expressly waive the right to trial by jury in respect of any litigation based on, or arising out of, under or in connection with, these Terms of Use, the Website, the Content or the User Contributions. You agree not to participate in a class action for any claims covered by these Terms of Use.
12. Miscellaneous
You may not assign, novate or otherwise transfer any rights or obligations under these Terms of Use without iCivics’ express prior written consent.
The failure to require performance of any provision of these Terms of Use shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself. No waiver by iCivics of any of these Terms of Use will be of any force or effect unless made in writing and signed by a duly authorized officer of iCivics.
Use of paragraph headers in these Terms of Use is for convenience only and shall not have any impact on the interpretation of particular provisions.
In the event that any part of these Terms of Use is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
These Terms of Use, together with the Privacy Policy, constitute the entire agreement between iCivics and you with respect to the subject matter contained in these Terms of Use and supersede all previous and contemporaneous agreements, proposals and communications, whether electronic, written or oral.
13. Contact Us
If you have any questions, comments or concerns about these Terms of Use or our Website, please contact us via email at [email protected], or via regular mail at:
iCivics, Inc.
1035 Cambridge Street, Suite 1
Cambridge, MA 02141
USA