EnAble Learning Pilot Terms of Use

These Terms of Use and the agreement formed by these Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us. We are continually improving and adding to the features and functionality of this Site and Platform and the services we offer through this Site and Platform. As a result of these changes (or changes in the law), we may need to update or revise these Terms of Use from time to time. Accordingly, we reserve the right to modify these Terms of Use at any time and in our sole discretion, without prior notice, by posting the revised version of these Terms of Use to the link marked “Terms of Use” at the bottom of each page of this Site. Any modifications will be effective 24 hours after posting through the Site or Platform or delivery of such other notice. You must cease using the Site and Platform or terminate these Terms of Use at any time if you do not agree to any changes. However, your continued use of this Site and Platform after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.

Whenever we do change these Terms of Use, we will also change the “effective date” at the top of these Terms of Use. If you have not visited this Site or Platform in the last sixty days, be sure to check the effective date to see if these Terms of Use have been revised since your last visit.

You may access the most current version of these Terms of Use at any time by clicking the link marked “Terms of Use” at the bottom of each page of this Site.

Before any User can access the Platform, the applicable Subscribing Entity must first register for access to the Platform through the Site and enter into a subscription with NOD. Upon registration, the Subscribing Entity shall designate authorized employees and personnel who will be permitted to access and use the Platform on behalf of the Subscribing Entity. Each such authorized employee or personnel member may be required to establish an account on the Platform (an "Account"). All Accounts are issued at the sole discretion of NOD. The Subscribing Entity is responsible for ensuring that only its authorized employees and personnel access the Platform using Accounts issued to the Subscribing Entity. Each Account and the user name and password for such Account ("Account ID") are personal in nature. An Account is for the designated individual's use only and may not be shared with or transferred to any other person. The Subscribing Entity and each of its authorized users shall ensure the security and confidentiality of all Account IDs and shall notify NOD immediately if any Account ID is lost, stolen, or otherwise compromised. The Subscribing Entity is solely responsible for all Accounts issued to it, all activity conducted through such Accounts, and all other use of the Platform and any Content through such Accounts. The Subscribing Entity is fully responsible for all actions taken through its Accounts (or using its Account IDs) and for any liabilities and damages incurred through the use of such Accounts (or Account IDs), whether lawful or unlawful.

NOD retains all right, title and interest, including all intellectual property rights, in and to the Site, Platform, and all Content, as well as all software, code, databases, hardware, and other technology used by or on behalf of NOD to operate the Site and Platform (collectively, "NOD Property"), and any additions, improvements, updates and modifications thereto.

You receive no ownership interest in or to the NOD Property and you are not granted any right or license to use the NOD Property itself, apart from your ability to access the Site, Platform, and Content under these Terms of Use. The NOD name, logo and all product and service names associated with the Site, Platform, and Content are trademarks of NOD and its licensors and you are granted no right or license to use them.

• Copyrights. As between you and NOD, NOD and its licensors own and reserve the copyrights in this Site and Platform, including all of its Content.
• Copyright License. Under these Terms of Use, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use this Site and to download and print copies of any Content made available on the Site to which you have properly gained access, solely for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content. If you are accessing the Platform on behalf of a Subscribing Entity, we hereby grant the Subscribing Entity a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform and to download and print copies of any Content made available on the Platform to which the Subscribing Entity has properly gained access, solely for the Subscribing Entity's own internal business purposes, and only if the Subscribing Entity does not remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content. The Subscribing Entity may permit its authorized employees and personnel to access and use the Platform and Content solely for the Subscribing Entity's internal business purposes in accordance with these Terms of Use, and the Subscribing Entity shall be responsible for their compliance with these Terms of Use. The foregoing licenses do not include use of any data mining, robots or similar data gathering or extraction methods. We may revoke any license granted hereunder at any time and for any reason without notice.
• Trademarks. All trade names, trademarks and service marks displayed on this Site and Platform are the registered or unregistered trademarks of NOD, its licensors, or other third parties (collectively, the “Trademarks”) and are protected by U.S. and international trademark laws and treaties.
• Restrictions. Except as otherwise provided in these Terms of Use, you may not use, copy, reproduce, distribute, republish, download, modify, display, post or transmit Content or Trademarks in any form or by any means without our express prior written permission.
• Your Feedback. Any comments, feedback, suggestions, and other communications regarding the Site, Platform, and the information, products, and services we make available through the Site and Platform (collectively, “Feedback”) are entirely voluntary. We will be free to use any Feedback you may provide as we see fit for any purpose and without any notice, payment, or other obligation to you. All use of any Feedback will be at our sole discretion.

You acknowledge that the Site is publicly accessible at no charge. Access to and use of the Platform requires a paid subscription under an order form, which may be accessible on the Site (“Order Form”). The applicable Subscribing Entity is responsible for paying NOD any fees and charges associated with its subscription to the Platform, as indicated on the applicable Order Form ("Fees"), for any of the Content or other services the Subscribing Entity and its authorized users access or use through the Platform. All Fees will be due and payable as indicated on the Order Form. The Subscribing Entity will pay all Fees when due. Unless otherwise indicated on the Site or Platform, all Fees will be payable in U.S. Dollars. All Fees are non-refundable once paid to NOD, including upon any termination of these Terms of Use. If any amounts remain unpaid when due, such amounts will be subject to a late charge of the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law. NOD may update any Fees at any time by making those modifications available to you through the Site or Platform, with such updates applicable to any subsequent subscription periods or purchases. The Subscribing Entity is solely responsible for all expenses it may incur under these Terms of Use or through its access to and use of the Platform or any Content.

This Site and Platform may provide links to other web sites or other services operated by third parties. Because we have no control over third-party web sites or services, we are not responsible for the availability of those web sites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such web sites. We make no representations regarding the content or accuracy of materials on such third party web sites. Similarly, we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such web sites. Your use of such web sites is subject to the terms and policies of the owner of such web sites and not these Terms of Use. Other web sites may link to the Site with or without our authorization, and we may block any links to or from the Site in our sole discretion. YOUR USE OF THIRD-PARTY WEB SITES OR SERVICES IS AT YOUR OWN RISK.

WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THIS SITE AND PLATFORM, ANY CONTENT, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH THIS SITE OR PLATFORM. THIS SITE, PLATFORM, AND ALL CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE CANNOT AND DO NOT REPRESENT THAT THE SITE OR PLATFORM WILL OPERATE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS, OR THAT THE SITE, PLATFORM, AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISM, OR OTHERWISE MEET YOUR REQUIREMENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT COMMUNICATIONS SENT FROM US ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON–INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THIS SITE OR PLATFORM. WE DO NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THIS SITE OR PLATFORM BY OUR CLIENTS OR BY SITE USERS, AND SUCH STATEMENTS DO NOT IN ANY WAY REFLECT OUR OPINION, ADVICE OR STATEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CONTENT IS AT YOUR SOLE RISK.

Nothing in these Terms of Use will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law. Specifically, you acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms of Use and which if known, might materially affect your consent to these Terms of Use.

IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT WILL OUR OR THE RELEASED PARTIES’ (AS DEFINED BELOW) TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASED PARTIES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE WILL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

UNDER NO CIRCUMSTANCES WILL NOD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR PLATFORM, ITS CONTENT, ANY SERVICES OR PRODUCTS MADE AVAILABLE THROUGH THIS SITE OR PLATFORM, OR YOUR USE OF OR INABILITY TO USE THIS SITE OR PLATFORM, INCLUDING ANY LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THIS SITE OR PLATFORM OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SITE OR PLATFORM.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF INCOME OR LOSS OF PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF NOD OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON OUR LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE WILL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with NOD and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You and NOD agree that any past, present, or future dispute arising out of or related to these Terms is personal to you and NOD, and that any dispute will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which you or NOD seeks to bring an individual action in small claims court located in the county of your billing address/ residence or disputes in which you or NOD seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and NOD waive your rights to a jury trial and to have any dispute arising out of or related to these Terms of Use resolved in court. Instead, for any past, present, or future dispute or claim that you have against NOD or relating in any way to the Site or Platform, you agree to first contact NOD and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to NOD.

The Notice must (a) include your name, your residence address, your email address and your telephone number; (b) include a description of the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and NOD cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by the American Arbitration Association (“AAA”) or, under the limited circumstances set forth above, in court. All disputes submitted to AAA will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in New York City, New York. You and NOD agree that arbitrations will be held in accordance with the AAA Mass Arbitration Supplementary Rules and corresponding fee schedule, where applicable ("AAA Rules"), including without limitation, provisions regarding consolidation of claims. The most recent version of the AAA Rules are available on the AAA website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the AAA Rules or waive your opportunity to read the AAA Rules and waive any claim that the AAA Rules are unfair or should not apply for any reason.

You and NOD agree that these Terms affect interstate commerce, that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), and that to the maximum extent permitted by applicable law, the FAA shall preempt the application of state laws regarding arbitration. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine whether a dispute may be arbitrated. The arbitrator may not preside over any type of class or representative proceeding. However, in the event that five or more claims in arbitration are initiated which assert the same or similar factual allegations, or raise the same or similar legal issues, we may request that the claims be consolidated for resolution consistent with Rule 6 of the Streamlined Rules, and you agree to consolidation of your claim with the claims of other claimants asserting the same or similar factual allegations, or whose claims raise the same or similar legal issues. In such a consolidated proceeding, a single arbitrator shall be appointed to resolve all consolidated claims, who shall resolve common issues of law and fact and apply such rulings consistently to the consolidated claims.

The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator, NOD, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and NOD agree that for any arbitration you initiate, you and NOD will split the fees unless otherwise required by applicable law or rules. For any arbitration initiated by NOD, NOD will pay all AAA fees and costs. You and NOD agree that the state or federal courts of the State of New York and the United States sitting in New York City have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms of Use must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and NOD will not have the right to assert the claim.

You May Opt-Out of Arbitration: WHEN YOU FIRST ENTER INTO THESE TERMS OF USE, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO [Email] (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU ENTER INTO THESE TERMS OF USE.

In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address to: info@NOD.org. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms of Use will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

You Waive Certain Rights: BY AGREEING TO THESE TERMS OF USE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (1) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (2) TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, AND (3) TO A TRIAL BY JURY EVEN IF ANY ARBITRATION IS NOT REQUIRED UNDER THESE TERMS OF USE.

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR ANY USE OF THE SITE, PLATFORM, OR CONTENT MUST BE FILED WITHIN 1 YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.

If any portion of this section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable. If you are a consumer, the provisions of this section will be modified to the extent necessary to conform to the AAA Consumer Arbitration Rules or equivalent AAA standards.

The Site and Platform are intended for use by users of 18 years of age or older. In addition, access to the Platform is limited to authorized employees and personnel of Subscribing Entities that have registered for access to the Platform and maintain an active subscription with NOD. If you do not meet any such eligibility requirements, you are not permitted to establish an Account or access the Platform.

Words and phrases used in these Terms of Use have the definition given in these Terms of Use or, if not defined herein, have their plain English meaning as commonly interpreted in the United States. As used in these Terms of Use, the term “including” means “including, but not limited to.” Section headings are for reference purposes only.

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing and signed in ink by the party to be bound. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions, and the court will substitute for such provision the valid and enforceable provision that most closely approximates the intent and economic effect of such provision. The remaining provisions of these Terms of Use will remain in full force and effect.

Unless you have entered into a separate agreement with NOD regarding the Site or Platform, these Terms of Use, together with any client agreement to which you may be subject, set forth the entire understanding and agreement between us and supersede all prior understandings and agreements between you and us with respect to the subject matter hereof.

The parties hereto are independent parties, not agents, employees or employers of the other, or joint ventures, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. You may not assign these Terms of Use or any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of NOD. Any assignment in violation of the foregoing will be null and void. NOD may freely assign these Terms of Use to any party that assumes NOD's obligations hereunder.

These Terms of Use may be amended only as set forth above.

If you have any questions or concerns regarding these Terms of Use, the Site, or the Platform, please contact us directly at:

700 12th Street, N.W.
Suite 700
Washington, DC, US 20005

info@NOD.org