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Engage! Learning, Inc. dba engage2learn Website Terms of Use

1. User's Acknowledgment and Acceptance of Terms

Engage! Learning, Inc. dba engage2learn (referred to as 'e2L') provides the www.engage2learn.org site and various related services, including but not limited to the GroweLab site (together referred to as this 'site') subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the 'Terms of Use'), as well as any other written agreement between us (or your employer). In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

CAREFULLY READ THE FOLLOWING AS IT CONTAINS A LICENSE AGREEMENT. THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. BY COMPLETING THE GroweLab REGISTRATION PROCESS, INDICATING YOUR AGREEMENT BELOW, AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE 'DO NOT ACCEPT' BUTTON OR LEAVE THE WEBSITE.

YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH e2L REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of July 20, 2020. e2L reserves the right to change these Terms of Use from time to time.  If the Terms of Use are changed you will be notified upon your next log in to the site.  Your continued use of the site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

2. Definitions

'Affiliates' means our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors or joint venturers. 'e2L', as used herein, includes e2L's Affiliates.

"Contribution" shall mean any original work of authorship, including any modifications or additions to an existing work that You submit to e2L for inclusion in, or documentation of, any of the products owned or managed by e2L, including but not limited to the Site. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent or transmitted to e2L or its representatives, including but not limited to content edits, content submissions, communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, e2L.

3. Description of Services

E2L makes various services available on this site including, but not limited to, the GroweLab. Fees for the various services are set out in the agreement between e2L and your employer and as may be further described elsewhere in this site. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem, and your own Internet access.

E2L reserves the sole right to modify or discontinue the site, including any features therein, at any time with or without notice to you. E2L shall not be liable to you or any third party should e2L exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use. You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that e2L has no control over third party networks you may access in the course of using this site, and therefore, delays and disruption due to other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided 'AS IS' and that e2L assumes no responsibility for the timeliness, accuracy of material, deletion of material from the site, or failure to store any user communications or personalization settings.

4. Registration Data and Privacy

In order to access some of the services on this site, you will require a separate account name and password. You must also complete our online registration form, which requests certain information and data ('Registration Data') and maintain and update your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. You also grant e2L the right to disclose to third parties certain Registration Data about you. The information e2L obtains through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

5. Conduct on Site

Your use of the site is subject to all applicable laws and regulations, including common netiquette, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service, including but not limited to the GroweLab features, that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that:

  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; Constitutes unauthorized advertising, junk or bulk email (also known as 'spamming'), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  • Impersonates any person or entity, including any of our employees, representatives, or users.

E2L neither endorses nor assumes any liability for the contents of any material uploaded or submitted by third party users of the site. E2L generally does not pre-screen, monitor, or edit the content posted by users of the GroweLab, chat rooms, message boards, newsgroups, or other interactive services that may be available on or through this site. However, e2L and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. E2L is not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against e2L arising out of such removal of content. See 'Use of Your Materials' below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of this site may be available to you or other authorized users of this site. You shall not interfere with another user's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that e2L may at any time, and at e2L's sole discretion, terminate your access without prior notice to you for violating any of the provisions of these Terms of Use. In addition, you acknowledge that e2L will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

6. Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under e2L's control, and you acknowledge that e2L is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is e2L responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by e2L, or any warranty of any kind, either express or implied.

7. Intellectual Property Information

For purposes of these Terms of Use, 'content' is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on e2L sites. This includes, but is in no way limited to, the GroweLab resources and tools, message boards, chat, and other original content.

By accepting these Terms of Use, you acknowledge and agree that, unless otherwise provided herein, all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of e2L and/or its Affiliates. You are only permitted to use the content as expressly authorized by e2L. With the exception of material you create using the GroweLab, except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from e2L or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither e2L nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.

'Engage,' 'Engage!,' 'engage!, 'e', 'e2L' and all related custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of e2L or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of e2L or its Affiliates.

8. Use of Your Materials and License to e2L

The intent and design of the GroweLab is the creation and provision of a library of education materials for GroweLab users. You would like to use and contribute to the GroweLab library. For good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, You grant the following license to e2L for Your Contributions.

Subject to our Privacy Policy, any Contribution you transmit to this site or to e2L, whether by electronic mail or other means, for any reason, will be treated as non-confidential. While you retain all rights in such communications or original material, you grant e2L a non-exclusive, worldwide, royalty-free, irrevocable license to reproduce, prepare derivative works of, modify, alter, adapt, publicly display, publicly perform, distribute and sublicense, internally and externally, the Contribution and such derivative works in any form or medium (now known or not currently known).

You represent that you are legally entitled to grant the above license. If your employer(s) has rights to intellectual property that you create that includes your Contributions, you represent that you have received permission to make Contributions on behalf of that employer, that your employer has waived such rights for your Contributions to e2L.

You represent that each of Your Contributions is Your original creation. You represent that Your Contribution submissions include complete details of any third-party license or other restriction (including, but not limited to, related patents and trademarks) of which you are personally aware and which are associated with any part of Your Contributions.

You agree to notify e2L of any facts or circumstances of which you become aware that would make these representations inaccurate in any respect. Please do not submit confidential or proprietary information to e2L unless e2L has mutually agreed in writing that such material will be treated otherwise than as stated above.

E2L respects the intellectual property of others, and e2L asks you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed;
  • Information reasonably sufficient to permit e2L to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  • Identification of the material that is claimed to be infringing and that is to be removed and information reasonably sufficient to permit e2L to locate that material;
  • A statement that the complaining party has a good faith belief that use of the material in the complained of manner is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Access to the site by repeat infringers of copyright or by users about whom repeat claims of copyright infringement are received will be terminated. Designated Agent for Claimed Infringement: Matt Bachman

Engage! Learning, Inc.

8911 North Capital of Texas Highway, Suite 4200-1065

Austin, TX 78759

matt.bachman@engage2learn.org

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, e2L may immediately remove the identified materials from our site without liability to you or any other.

9. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, e2L MAKES NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM e2L OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. E2L MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES OR PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND e2L MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have opportunities to share materials with other users. E2L MAKES NO WARRANTY REGARDING ANY SHARED MATERIALS OR OTHER TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE; AND YOU UNDERSTAND AND AGREE THAT SHARING OR USE OF SHARED MATERIALS OR OTHER TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY e2L OR ANY OTHER OF OUR AFFILIATES.

Content available through this site often represents the opinions and judgments of another person or entity not connected with e2L. E2L does not endorse, nor is e2L responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized e2L spokesperson speaking in her/his official capacity. There may be other editorial policies to which you should refer posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.

In addition, the materials on this site may include sample documents, audio/video materials, and other items ('Samples'). These Samples are provided solely as examples of typical materials of their kind, and the delivery and use of Samples does not constitute professional advice. Under no circumstances will e2L or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this site, including your use of any of the Samples. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, Samples or other content available on or through this site.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this site shall be limited to the amount paid to e2L by your employer for the services on the site during the six month period before the act giving rise to the liability.

IN NO EVENT SHALL e2L OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT e2L HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, e2L SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY MATERIALS OFFERED THROUGH THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

UPON A REQUEST BY e2L, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD e2L AND OUR AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY'S FEES THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE INCLUDING BUT NOT LIMITED TO THE SHARING OF MATERIALS. E2L RESERVES THE RIGHT AT OUR OPTION TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH e2L IN ASSERTING ANY AVAILABLE DEFENSES.

12. Use of Site and Storage of Material

You acknowledge that e2L may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted to any user's materials, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that e2L has no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You acknowledge that e2L reserves the right to log off accounts for which a subscription fee has not been paid or that are inactive for an extended period of time. You further acknowledge that e2L reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

E2L provides access to material through our site. For purposes of these Terms of Use, 'material' refers to all forms of communication that e2L allows, which may (but will not necessarily) include material in the GroweLab, narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), video recordings, and audio recordings. You may not use this site to publish material that e2L determines, at our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in 'Conduct on Site' above. E2L will not routinely monitor the contents of the site. However, if complaints are received regarding language, content, or graphics contained in your contributions, e2L may, at our sole discretion, remove them. E2L may also suspend the account or restrict access to it.

The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.

This site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although e2L takes reasonable precautions to preserve and protect the material you upload to the site, you should not rely on the site as your storage facility. You should preserve copies of any materials that you have uploaded. You agree not to hold e2L liable for any damage to or any deletion of your materials.

13. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account name and for any and all statements made and acts or omissions that occur through the use of your password and account name. Therefore, you must take steps to ensure that others do not gain access to your password and account name. You may not transfer or share your account with anyone, and e2L reserves the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

14. International Use

Although this site may be accessible worldwide, e2L makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from locations where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

15. Termination of Use

Your right to access and use the site pursuant to this Agreement shall upon the earliest of (1) e2L's termination of the Agreement for any reason; (2) Your breach of the Terms of Use or other stated e2L policies; or (3) the end of Your employment with Employer, whether by reason of termination or resignation.

You are further advised any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that e2L may immediately deactivate or delete your account and all related information and files in your account. E2L shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by e2L in connection therewith. Sections 1, 4, 5'12, and 15'17 of these Terms of Use shall survive any termination.

16. Governing Law

This site (excluding any linked sites) is controlled by e2L from our offices within the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this site both of us agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the District Court of San Patricio County, Texas and the United States District Court for the Southern District of Texas with respect to such matters.

17. Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to e2L must be sent to the attention ofMatt Bachman at matt.bachman@engage2learn.org, if by email, or at Engage Learning, Inc. dba engage2learn, 8911 North Capital of Texas Highway, Suite 4200-1065 Austin, TX 78759, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, e2L may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.

18. Entire Agreement

This Engage Learning, Inc. dba engage2learn Website Terms of Use along with the contract between your employer and e2L, if any, constitute the entire agreement and understanding between us concerning the subject matter hereof and supersede all other agreements and understandings of the parties with respect thereto. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

19. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against e2L or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use, and any purported attempt to do so shall be null and void. E2L may freely assign our rights and obligations under these Terms of Use.

In addition to any excuse provided by applicable law, e2L shall be excused from liability for non-delivery or delay in delivery of services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, cyber-attack, computer virus and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by e2L to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

20. Contact Information

Except as explicitly noted on this site, the services available through this site are offered by Engage! Learning, Inc., a Texas corporation, located at 8911 North Capital of Texas Highway, Suite 4200-1065 Austin, TX 78759. Our telephone number is 361.704.9654. If you notice that any user is violating these Terms of Use, please contact e2L at matt.bachman@engage2learn.org.