Learning.com Beta Program Legal Terms

Last Updated: January 26, 2026

8.1 Disclaimers; Limitation of Liability

THE BETA PROGRAM AND ALL BETA PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITH ALL FAULTS. LEARNING.COM AND ITS LICENSORS DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND REGARDING THE BETA PROGRAM AND THE BETA PROGRAM MATERIALS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS, TRADE SECRETS, OR OTHER INTELLECTUAL PROPERTY RIGHTS. DISTRICT ACKNOWLEDGES AND AGREES THAT LEARNING.COM SHALL NOT BE LIABLE FOR AND SHALL HAVE NO OBLIGATION TO DEFEND OR INDEMNIFY DISTRICT AGAINST ANY THIRD PARTY INFRINGEMENT CLAIM THAT RELATES TO OR IS BASED ON DISTRICT’S USE OF THE BETA PROGRAM OR ANY BETA PROGRAM MATERIALS.

IN NO EVENT SHALL LEARNING.COM, OR ITS LICENSORS, BE LIABLE FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE USE OF THE BETA PROGRAM OR BETA PROGRAM MATERIALS, REGARDLESS OF WHETHER LEARNING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OTHERWISE HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, COST OF REMOVAL OR REINSTALLATION, OUTSIDE COMPUTER TIME, LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, OR LOSS OF USE OR INTERRUPTION OF BUSINESS. IN NO EVENT WILL LEARNING.COM’S OR ITS LICENSORS’ TOTAL AGGREGATE LIABILITY TO DISTRICT UNDER THIS AGREEMENT OR ARISING OUT OF DISTRICT’S USE OF THE BETA PROGRAM OR BETA PROGRAM MATERIALS EXCEED FIFTY U.S. DOLLARS (US $50). Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts, the above limitations or exclusions may not apply to District.

THE DISCLAIMERS AND LIMITATIONS OF LIABILITIES SET FORTH IN THIS AGREEMENT SHALL APPLY NOTWITHSTANDING THE FAILURE OR ALLEGED FAILURE OF ANY ESSENTIAL PURPOSE.

8.2 Governing Law; Venue

This Agreement is governed by the laws of the State of Oregon, excluding its conflicts of laws principles. In the event of any controversy, claim, or dispute between the parties arising out of or relating to this Agreement or the Beta Program or Beta Materials, such controversy, claim, or dispute shall be litigated exclusively in a state or federal court located in Multnomah County, Oregon. District hereby consents to and agrees not to contest or challenge such courts’ jurisdiction over it.

8.3 Miscellaneous

Student Personal Information

(a) This Agreement represents the entire agreement between the parties and supersedes all prior negotiations and agreements.

(b) Learning.com shall not be in breach of this Agreement and shall not be liable for any non-performance or delay in performance if such non-performance or delay is due to a force majeure event or other circumstances beyond Learning.com’s reasonable control.

(c) This Agreement may be executed in one or more counterparts, each of which constitutes an original and all of which taken together constitutes the same agreement. Each party may sign this Agreement using an electronic or handwritten signature, which are of equal effect, whether on original or electronic copies.

(d) District acknowledges and agrees that, in the event District breaches or violates any provision affecting Learning.com’s intellectual property rights, Learning.com will suffer irreparable injury for which there can be no adequate remedy at law; therefore, Learning.com shall be entitled to seek equitable relief, including injunctive relief and/or specific performance, in addition to whatever remedies it might have under this Agreement or otherwise at law or at equity.

(e) The headings set forth in this Agreement are for convenience only, and are not intended as an interpretive aid or as comprising a term or condition of this Agreement.

(f) District shall not assign its rights under this Agreement without Learning.com’s prior written consent, such consent not to be unreasonably refused.

(g) If any portion of this Agreement shall, in whole or in part, be determined unenforceable or invalid, the balance of the Agreement shall remain in full force and effect without regard to such illegality or unenforceability of a portion of this Agreement.

(h) The waiver of any provision or any breach or violation of any provision of this Agreement by either party shall not operate or be construed as a continuing waiver or waiver of any subsequent breach or violation hereof.

(i) No modification of this Agreement is binding unless it is in writing and executed by the parties’ duly authorized officers.

We may collect the following categories of Student Personal Information from either your school or cookies on the Portal: