Students Terms of Service

Ascension Education Incorporated (d/b/a "Blended Teaching") 3423 Piedmont Rd NE, Atlanta, GA 30305 EIN: 612009659 Support: help@blended-teaching.com

Welcome, and thank you for your interest in Ascension Education Incorporated (also referred to as "Blended Teaching", "we", "us", "our" or the "Company"), which operates the website located at https://blended-teaching.com ("Website"), and any products and services that we may provide now or in the future (collectively, the "Services"). These Student Terms of Service and Use are a legal contract between you ("you" and "your"), as a student user of the Services, and us regarding your use of the Services.

PLEASE READ THE FOLLOWING TERMS OF SERVICE AND USE CAREFULLY. BY CREATING OR REGISTERING FOR A BLENDED TEACHING ACCOUNT, OR ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY EXHIBITS AND BLENDED TEACHING'S PRIVACY POLICY (COLLECTIVELY, THE "TERMS").

PLEASE NOTE THAT THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER.

1.1 "Access Credentials" means any user name, identification number, password, license or security key, security token, PIN, or other security code, method, technology, or device used, alone or in combination, to verify an individual's identity and authorization to access and use the Services.

1.2 "Affiliate" means, with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with such party. For purposes of this definition, "control" means ownership of more than fifty percent (50%) of the outstanding voting securities of an entity or the ability to direct the management and policies of an entity.

1.3 "Aggregated Statistics" means data and information related to your use of the Services that is used by Blended Teaching in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services.

1.4 "AI Providers" means third-party artificial intelligence service providers whose models or APIs are integrated into the Services to deliver AI-Powered Features, including but not limited to providers of large language models, natural language processing services, and machine learning platforms.

1.5 "AI Training Use" means the use of de-identified and aggregated User Data to train, improve, fine-tune, or develop Blended Teaching's proprietary AI models and algorithms. AI Training Use does not include sharing User Data with third-party AI Providers for their independent training purposes.

1.6 "Student User" or "User" means you, an individual student who has been granted access to the Services through the purchase of a per-course access license.

1.7 "User Data" means information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of you through your use of the Services, including but not limited to quiz responses, navigation patterns, and text inputs.

1.8 "User Systems" means your information technology infrastructure, including computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by you or through the use of third-party services.

1.9 "Documentation" means any manuals, instructions, or other documents or materials that Blended Teaching provides or makes available to you in any form or medium and which describe the functionality, components, features, or requirements of the Services or Blended Teaching Materials, including any aspect of the installation, configuration, integration, operation, use, support, or maintenance thereof.

1.10 "Harmful Code" means any software, hardware, or other technology, device, or means, including any virus, worm, malware, or other malicious computer code, the purpose or effect of which is to permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (a) computer, software, firmware, hardware, system, or network; or (b) any application or function of any of the foregoing or the security, integrity, confidentiality, or use of any data processed thereby.

1.11 "Blended Teaching" (also "we", "us", or "our") means the Services, platform, Website, and all related technology and intellectual property provided by Ascension Education Incorporated.

1.12 "Blended Teaching Materials" means the Services, Documentation, and Blended Teaching's proprietary technology, including but not limited to all software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs, and other tangible or intangible technical material or information made available to you by Blended Teaching in providing the Services.

1.13 "Privacy Policy" means the Blended Teaching Privacy Policy, available at https://blended-teaching.com/legal/privacy, as may be updated from time to time.

1.14 "Course Materials" means the specific content, videos, quizzes, and other materials made available to you through the Services for the particular course for which you have purchased an access license. Your access license does not entitle you to any content outside your designated Course Materials.

2.1 Provision of Access. Subject to and conditioned on your compliance with these Terms, Blended Teaching hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services during the Access Period solely for your personal educational purposes in connection with the course for which you have purchased an access license. Your access is limited to the Course Materials designated for your specific course. Access to the Services is provided through your institution's learning management system ("LMS") or directly through the Website.

2.1.1 User Systems. You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Services, including without limitation modems, hardware, servers, software, operating systems, networking, web servers, and the like. You are also responsible for maintaining the security of your User Systems and any Access Credentials associated with your account.

2.1.2 Integrated Service. The Services may integrate with or provide access to third-party services, tools, or platforms ("Integrated Services"). Your use of any Integrated Service is subject to the terms and conditions of the applicable third-party provider. Blended Teaching does not endorse and is not responsible or liable for any Integrated Service.

2.1.3 Instructor Content. Certain content within the Services may be provided or uploaded by your instructor ("Instructor Content"). Blended Teaching does not control, endorse, or assume responsibility for any Instructor Content. Your instructor is solely responsible for the accuracy, completeness, and appropriateness of their Instructor Content.

2.1.4 AI-Powered Features. The Services may include features powered by artificial intelligence and machine learning, including but not limited to automated feedback, content recommendations, study aids, and analytics ("AI-Powered Features"). AI-Powered Features are provided for educational assistance only and should not be relied upon as the sole source of academic guidance. AI-generated content may contain errors or inaccuracies. Blended Teaching does not guarantee the accuracy, completeness, or reliability of any AI-generated output.

2.1.5 International Use. The Services are controlled and operated from the United States. If you access or use the Services from outside the United States, you are responsible for compliance with all applicable local laws and regulations.

2.2 Use Restrictions. You shall not use the Services for any purposes beyond the scope of the access granted in these Terms. You shall not at any time, directly or indirectly, and shall not permit any third party to:

- Copy, modify, or create derivative works of the Services or any Blended Teaching Materials, in whole or in part. - Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or any Blended Teaching Materials to any third party. - Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Services or any Blended Teaching Materials, in whole or in part. - Bypass or breach any security device, mechanism, or protection used for or contained in the Services or any Blended Teaching Materials. - Input, upload, transmit, or otherwise provide to or through the Services any Harmful Code. - Damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Services or Blended Teaching's provision of services to any third party. - Remove, delete, alter, or obscure any trademarks, Documentation, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Blended Teaching Materials. - Access or use the Services or Blended Teaching Materials in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable law. - Access or use the Services or Blended Teaching Materials for purposes of competitive analysis of the Services, the development, provision, or use of a competing software service or product, or any other purpose that is to Blended Teaching's detriment or commercial disadvantage. - Share, distribute, or post quiz questions, answers, or test bank content outside the Services. - Attempt to access content, courses, or materials outside your designated Course Materials or beyond the scope of your purchased access license.

2.3 Reservation of Rights. Blended Teaching reserves all rights not expressly granted to you in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to any Blended Teaching Materials.

2.4 Suspension. Blended Teaching may, directly or indirectly, and by use of any Blended Teaching disabling mechanism or other lawful means, suspend, terminate, or otherwise deny your access to or use of all or any part of the Services or Blended Teaching Materials, without incurring any resulting obligation or liability, if: (a) Blended Teaching receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires Blended Teaching to do so; (b) Blended Teaching believes, in its sole discretion, that you have failed to comply with any material term of these Terms, or have accessed or used the Services beyond the scope of the rights granted or for a purpose not authorized under these Terms; or (c) Blended Teaching believes, in its sole discretion, that such action is necessary to prevent unauthorized access to, or harm to, the Services or any third party.

LMS Access Dependency: Your access to the Services may be dependent on your enrollment status and access through your institution's LMS. If your LMS access is revoked, suspended, or otherwise terminated by your institution, your access to the Services may also be affected. Blended Teaching is not responsible for any loss of access resulting from changes to your LMS enrollment or institutional status.

2.5 Aggregated Statistics. Blended Teaching may monitor your use of the Services and collect and compile Aggregated Statistics. As between you and Blended Teaching, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Blended Teaching. You acknowledge that Blended Teaching may compile Aggregated Statistics based on User Data. You agree that Blended Teaching may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law, provided that such Aggregated Statistics do not identify you or your User Data.

3.1 General. You are responsible and liable for all uses of the Services and Blended Teaching Materials resulting from access provided by you, directly or indirectly, whether or not such access or use is permitted by or in violation of these Terms. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of any person who accesses or uses the Services through your Access Credentials, and any act or omission by any such person that would constitute a breach of these Terms if taken by you will be deemed a breach of these Terms by you. You shall use reasonable efforts to make all persons who access or use the Services through your Access Credentials aware of these Terms and the provisions herein and shall cause them to comply with these Terms.

3.2 Account Security. You are responsible for maintaining the confidentiality of your Access Credentials. You shall not share your Access Credentials with any other person or allow any other person to access or use the Services using your Access Credentials. You shall promptly notify Blended Teaching if you become aware of any unauthorized use of your Access Credentials or any other breach of security relating to your account or the Services. Blended Teaching will not be liable for any loss or damage arising from your failure to comply with this Section 3.2.

4.1 Scheduled Downtime. Blended Teaching will use commercially reasonable efforts to schedule downtime for routine maintenance of the Services during non-peak hours, typically between 7:00 AM and 10:00 AM GMT. Blended Teaching will provide reasonable advance notice of any scheduled downtime when practicable.

4.2 Support Services. Blended Teaching will provide you with reasonable technical support for the Services via email at help@blended-teaching.com. Blended Teaching will use commercially reasonable efforts to respond to support requests in a timely manner, but does not guarantee any specific response time.

4.3 Data Backup. BLENDED TEACHING DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ALL ERRORS WILL BE CORRECTED. BLENDED TEACHING IS NOT RESPONSIBLE FOR ANY LOSS, CORRUPTION, ALTERATION, OR REMOVAL OF USER DATA. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS OF ANY DATA YOU INPUT INTO OR GENERATE THROUGH THE SERVICES.

5.1 Fees. Access to the Services and your designated Course Materials requires the purchase of a per-course access license. The applicable fee for your access license will be presented to you at the time of purchase. Blended Teaching reserves the right to change its fees at any time, but any fee changes will not affect access licenses already purchased.

5.2 Credits and Refunds. If you are dissatisfied with the Services, you may request a full refund within fourteen (14) days of your class start date by contacting Blended Teaching at help@blended-teaching.com. After the fourteen (14) day refund period, all fees are non-refundable. Refund requests must include your name, institution, course name, and reason for the request. Blended Teaching will process approved refunds within a reasonable period using the original payment method.

5.3 Taxes. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Blended Teaching's income.

6.1 General. Blended Teaching's collection, use, and disclosure of your personal information is governed by the Privacy Policy. Blended Teaching complies with applicable data protection laws, including the General Data Protection Regulation ("GDPR") for users in the European Economic Area and the California Consumer Privacy Act ("CCPA") for California residents. Please review the Privacy Policy for detailed information about how we collect, use, and protect your data.

6.2 FERPA and Educational Records. To the extent that any User Data constitutes "education records" under the Family Educational Rights and Privacy Act ("FERPA"), Blended Teaching will treat such data in accordance with FERPA requirements. Blended Teaching acts as a "school official" with a "legitimate educational interest" under FERPA when processing education records on behalf of your institution. You retain all rights in your education records as provided by FERPA.

6.2.1 AI Training Use of Student Data. Blended Teaching may use de-identified and aggregated Student User Data for AI Training Use. This includes but is not limited to quiz responses, navigation patterns, text inputs, and aggregated usage data. All data used for AI Training Use is de-identified in accordance with FERPA standards such that it cannot reasonably be used to identify any individual student. You may opt out of AI Training Use at any time by contacting Blended Teaching at help@blended-teaching.com. Opting out of AI Training Use will not affect your ability to access or use the Services or your designated Course Materials.

6.2.2 Third-Party AI Providers. Blended Teaching may use Third-Party AI Providers to deliver AI-Powered Features within the Services. When User Data is transmitted to AI Providers, Blended Teaching requires that such providers: (a) process the data solely to provide the requested service; (b) not use the data for their own training or improvement purposes; and (c) comply with applicable data protection and privacy requirements. Blended Teaching does not share identifiable education records with AI Providers for their independent use.

6.2.3 AI-Powered Instructor Analytics. The Services may provide instructors with AI-powered analytics and insights about class performance. These analytics are provided only at the class-level aggregate and are designed to help instructors improve their teaching. Individual student data shared with instructors through such analytics is limited to information the instructor would otherwise have access to in their role as a school official.

6.3 Age Requirement. The Services are intended for users who are at least eighteen (18) years of age. If you are under eighteen (18) years of age, you may not use the Services. By using the Services, you represent and warrant that you are at least eighteen (18) years of age.

6.4 No Waiver of Privacy Rights. Nothing in these Terms shall be construed as a waiver of any privacy rights you may have under applicable federal, state, or international law, including but not limited to FERPA, GDPR, and CCPA.

7.1 Blended Teaching's Obligations. Blended Teaching will employ industry-standard technical, administrative, and physical safeguards designed to protect the security, confidentiality, and integrity of User Data. These measures include but are not limited to encryption of data in transit and at rest, access controls, regular security assessments, and incident response procedures.

7.2 User Control and Responsibility. You are responsible for properly configuring and using the Services and for taking your own steps to maintain appropriate security, protection, and backup of your User Data and User Systems. You acknowledge that no method of transmission over the Internet or method of electronic storage is completely secure, and Blended Teaching cannot guarantee absolute security.

7.3 User Access. You shall employ all physical, administrative, and technical controls, screening, and security procedures, and other safeguards necessary to (a) securely administer the distribution and use of all Access Credentials and protect against any unauthorized access to or use of the Services; and (b) control the content and use of User Data, including the uploading or other provision of User Data for processing by the Services.

8.1 Blended Teaching IP Rights. You acknowledge that, as between you and Blended Teaching, Blended Teaching owns all right, title, and interest, including all intellectual property rights, in and to the Services, Blended Teaching Materials, and all improvements, enhancements, or modifications thereto. All rights not expressly granted to you in these Terms are reserved to Blended Teaching.

8.2 User Data. As between you and Blended Teaching, you own all right, title, and interest in and to your User Data. You hereby grant to Blended Teaching a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display your User Data solely to the extent necessary to provide the Services, to comply with applicable law, and as otherwise permitted under these Terms, including for AI Training Use as described in Section 6.2.1.

8.3 Feedback. If you provide any suggestions, ideas, enhancement requests, feedback, recommendations, or other information relating to the Services ("Feedback"), you hereby assign to Blended Teaching all right, title, and interest in and to such Feedback, and Blended Teaching is free to use, disclose, reproduce, license, distribute, and otherwise exploit the Feedback in any manner without obligation or restriction of any kind.

9.1 User Representations and Warranties. You represent and warrant that: (a) you have the legal right and authority to enter into these Terms; (b) you are at least eighteen (18) years of age; (c) you will use the Services only in accordance with these Terms and all applicable laws and regulations; (d) all information you provide to Blended Teaching is truthful, accurate, and complete; and (e) you will not use the Services in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

9.2 Warranty Disclaimer. THE SERVICES AND BLENDED TEACHING MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. BLENDED TEACHING SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, BLENDED TEACHING MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR BLENDED TEACHING MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE. BLENDED TEACHING DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY AI-GENERATED CONTENT OR OUTPUT PROVIDED THROUGH THE SERVICES.

You shall indemnify, defend, and hold harmless Blended Teaching, its Affiliates, and their respective officers, directors, employees, agents, successors, and assigns (collectively, the "Blended Teaching Indemnitees") from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising out of or relating to: (a) your use or misuse of the Services or Blended Teaching Materials; (b) your breach of any representation, warranty, or obligation under these Terms; (c) your violation of any applicable law or regulation; or (d) your User Data, including any processing of User Data by or on behalf of Blended Teaching in accordance with these Terms. You shall not settle any claim against a Blended Teaching Indemnitee without Blended Teaching's prior written consent.

11.1 IN NO EVENT WILL BLENDED TEACHING OR ANY OF ITS LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR THEIR SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER BLENDED TEACHING WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

11.2 IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF BLENDED TEACHING AND ITS LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS UNDER OR IN CONNECTION WITH THESE TERMS OR THEIR SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS PAID TO BLENDED TEACHING BY YOU DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

11.3 THE LIMITATIONS SET FORTH IN SECTIONS 11.1 AND 11.2 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. THE PARTIES ACKNOWLEDGE THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT NEITHER PARTY WOULD ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

12.1 Access Period. Your access license to the Services and your designated Course Materials is valid for a period of six (6) months from the date of license activation (the "Access Period"). Upon expiration of the Access Period, your access to the Services and Course Materials will automatically terminate unless renewed.

12.2 Termination. Either party may terminate these Terms upon thirty (30) days' written notice to the other party if the other party materially breaches these Terms and fails to cure such breach within the thirty (30) day notice period. If Blended Teaching terminates these Terms due to your breach, no refund will be provided. If you terminate these Terms due to Blended Teaching's material breach, you will be entitled to a prorated refund of any prepaid fees for the unused portion of the Access Period.

12.3 Effect of Expiration or Termination. Upon expiration or termination of these Terms for any reason: (a) all rights and licenses granted to you under these Terms will immediately terminate; (b) you shall immediately cease all use of the Services and Blended Teaching Materials; (c) you shall delete, destroy, or return all copies of Blended Teaching Materials in your possession or control; and (d) Blended Teaching may, in its sole discretion, delete your User Data and account information, subject to any legal obligations to retain such data. Sections that by their nature should survive termination shall survive, including but not limited to Sections 1, 2.3, 5, 6, 8, 9.2, 10, 11, and 13.

13.1 Notices. All notices, requests, consents, claims, demands, waivers, and other communications under these Terms must be in writing and addressed to the parties as follows: For Blended Teaching: help@blended-teaching.com or 3423 Piedmont Rd NE, Atlanta, GA 30305. For you: the email address associated with your account. Notices sent by email will be deemed given on the date sent if sent during normal business hours, or on the next business day if sent outside normal business hours.

13.2 Force Majeure. In no event shall Blended Teaching be liable to you, or be deemed to have breached these Terms, for any failure or delay in performing its obligations under these Terms, if and to the extent such failure or delay is caused by any circumstances beyond Blended Teaching's reasonable control, including but not limited to acts of God, flood, fire, earthquake, epidemics, pandemics, war, terrorism, strikes, governmental action, labor conditions, power failures, or Internet or telecommunications disruptions.

13.3 Modification. Blended Teaching reserves the right to modify these Terms at any time. If Blended Teaching makes material changes to these Terms, it will notify you by email or by posting a notice on the Website prior to the effective date of the changes. Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services and contact Blended Teaching for a prorated refund of any prepaid fees.

13.4 Waiver. No failure or delay by either party in exercising any right or remedy under these Terms shall constitute a waiver of such right or remedy. No single or partial exercise of any right or remedy shall preclude any further exercise of such right or remedy or the exercise of any other right or remedy.

13.5 Severability. If any provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms or invalidate or render unenforceable such provision in any other jurisdiction. Upon a determination that any provision is invalid, illegal, or unenforceable, the parties shall negotiate in good faith to modify these Terms to give effect to the original intent of the parties as closely as possible.

13.6 Governing Law; Jurisdiction; Arbitration; Class Action Waiver. These Terms are governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Fulton County, Georgia. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

CLASS ACTION WAIVER: YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED PROCEEDINGS.

13.7 Assignment. You may not assign or otherwise transfer any of your rights, or delegate or otherwise transfer any of your obligations or performance, under these Terms, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without Blended Teaching's prior written consent. Blended Teaching may freely assign or transfer its rights and obligations under these Terms. Any purported assignment, delegation, or transfer in violation of this Section 13.7 is void.

13.8 Export Regulation. The Services may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.

13.9 Accessibility. Blended Teaching is committed to making the Services accessible to all users, including users with disabilities. If you experience any accessibility issues with the Services, please contact us at help@blended-teaching.com.

13.10 Entire Agreement. These Terms, together with the Privacy Policy and any other documents or policies expressly incorporated herein by reference, constitute the sole and entire agreement between you and Blended Teaching with respect to the subject matter contained herein and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

13.11 Survival. The provisions of these Terms that by their nature are intended to survive termination or expiration of these Terms shall so survive, including but not limited to provisions relating to intellectual property ownership, indemnification, limitation of liability, warranty disclaimers, governing law, arbitration, and any other provisions that are expressly stated to survive or that by their nature would reasonably be expected to survive termination or expiration.