Welcome to BetterLesson.com, a content management and collaboration platform consisting of web sites, services, software applications and networks that allows for the authorized download and distribution of written digital content over the internet (the “BetterLesson Platform”). The BetterLesson Platform is owned and operated by BetterLesson, Inc. (“BetterLesson”).
Eligibility. BETTERLESSON IS A PLATFORM FOR EDUCATORS. K-12 students attempting to access content from the BetterLesson platform without the consent of a teacher/instructor are in direct violation of the Terms of Service. Any student pretending to be an educator, impersonating an educator, or making fraudulent claims to be an educator will be immediately removed from the BetterLesson platform and may be subject to disciplinary actions within his/her school. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE BETTERLESSON PLATFORM, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE BETTERLESSON PLATFORM. The content on the BetterLesson Platform is only available for you to use for educational, non-commercial purposes; any other use is prohibited.
GDPR. BetterLesson and You will comply with its respective obligations under the General Data Protection Regulation (EU) 2016/679 and the European Directive 2002/58/EC (as amended or updated from time to time) and any legislation and or binding regulations implementing or made pursuant to them (“Data Protection Requirements”). You shall be regarded as the data controller of any personal data collected about individuals under this Agreement in connection with services. When providing the services to You, BetterLesson may be processing personal data about individuals on behalf of You and thus acting as a data processor in accordance with the Data Protection Requirements. BetterLesson shall process the personal data only on behalf of and in accordance with Your documented instructions for the following purposes (i) in accordance with Your instructions consistent with this Agreement and as necessary to provide the services; and (ii) on documented reasonable instructions from You where such instructions are consistent with the terms of this Agreement, including with regard to transfers of personal data to a third country or an international organization, unless required to do so by Union or Member State law to which BetterLesson is subject; in such a case, BetterLesson shall inform You of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest. BetterLesson shall ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. Your instructions for the processing of personal data shall comply with Data Protection Requirements. Without Your prior written consent, BetterLesson must not (i) use the personal data for any other purpose than the fulfillment of its duties under the Agreement, or (ii) disclose the data to third parties other than in accordance with the Agreement. BetterLesson have implemented and shall maintain the appropriate technical and organizational measures to comply with the obligations of a data processor, including ensuring that the personal data is not (i) accidentally or unlawfully destroyed, (ii) lost, altered or damaged, (iii) disclosed to or accessed by any unauthorized person, (iv) misused or (v) in other ways treated in violation of the Data Protection Requirements. Considering the nature of the processing, BetterLesson shall assist You by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of Your obligation to respond to requests for exercising the data subject’s rights set forth in the Data Protection Requirements. In addition, to the extent You, in Your use of the services, do not have the ability to address a data subject request, BetterLesson shall upon Your request provide commercially reasonable efforts to assist You in responding to such data subject request, to the extent BetterLesson is legally permitted to do so and the response to such data subject request is required under Data Protection Requirements. To the extent legally permitted, You shall be responsible for any costs arising from BetterLesson’s provision of such assistance. BetterLesson shall promptly refer to You any requests, notices or other communication from data subjects, data protection authorities or any other law enforcement authority for You to resolve. BetterLesson shall provide such information to You as You may reasonably require, and within the timescales reasonably specified by You, to allow You to comply with the rights of data subjects, including subject access rights, or with notices served by the relevant data protection authority. BetterLesson shall include in any contracts authorized contractors who will process personal data directly or indirectly on behalf of You, provisions in favor of You which are equivalent to those in this Agreement. BetterLesson shall assist You in ensuring compliance with the obligations pursuant to the Data Protection Requirements in connection with data protection impact assessments, prior consultation of the supervisory authorities or notifications of personal data breaches considering the nature of processing and the information available to BetterLesson. At Your choice, BetterLesson shall delete or return all the personal data to You after the end of the provision of services relating to processing, and shall delete existing copies unless Union or Member State law requires storage of the personal data. BetterLesson shall make available to You all information reasonably necessary to demonstrate compliance with the obligations set forth in this Agreement.
BetterLesson shall provide Customer with reasonable cooperation and assistance needed to fulfill Your obligation under the GDPR to carry out a data protection impact assessment related to Your use of the services, to the extent You do not otherwise have access to the relevant information, and to the extent such information is available to BetterLesson.
BetterLesson must inform You if BetterLesson believe that Your instruction is in breach of the applicable data protection provisions and may then not undertake the execution of the relevant instruction until it is clarified whether the instruction is compliant with data protection law.
Individual Features and Services. When using the BetterLesson Platform, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
Modification of these Terms. BetterLesson reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time with or without notice. Please check these Terms and any Guidelines periodically for changes. Your continued use of the BetterLesson Platform after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the BetterLesson Platform.
Digital Millennium Copyright Act. Please note that since we respect authors’ and content holders’ rights, it is BetterLesson’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the ‘DMCA’). For more information, please go to BetterLesson’s DMCA Notification Guidelines below. Please note that BetterLesson will promptly terminate without notice any User’s access to the BetterLesson Platform if that User is determined by BetterLesson to be a “repeat infringer.” A repeat infringer is a User who has been notified by BetterLesson of infringing activity violations more than twice and/or who has had their User Content or any other user-submitted content removed from the BetterLesson Platform more than twice.
Ownership and License Grants; Sponsored Content.
Representations and Warranties Regarding User Content. You are solely responsible for your User Content and the consequences of posting or publishing them. By uploading and publishing your User Content, notwithstanding anything to the contrary in the terms of the license under which you shared any User Content with BetterLesson, you affirm, represent, and warrant that:
Prohibited Conduct. The following behaviors are prohibited by BetterLesson. You hereby agree that you shall not:
Account. When you use the BetterLesson Platform to upload and/or download content or any products, services, or information from BetterLesson, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to BetterLesson on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify BetterLesson. You may be liable for the losses incurred by BetterLesson or others due to any unauthorized use of your BetterLesson Platform account.
Third-Party Sites, Products and Services; Links. The BetterLesson Platform may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). BetterLesson does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the BetterLesson Platform are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
Termination. You agree that BetterLesson, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with BetterLesson or your use of the BetterLesson Platform and remove and discard all or any part of your account, User profile, and any User Content, at any time. BetterLesson may also in its sole discretion and at any time discontinue providing access to the BetterLesson Platform, or any part thereof, with or without notice. You agree that any termination of your access to the BetterLesson Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that BetterLesson will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies BetterLesson may have at law or in equity. Your only remedy with respect to any dissatisfaction with (a) the BetterLesson Platform, (b) any of the Terms, (c) any policy or practice of BetterLesson in operating the BetterLesson Platform, or (d) any content or information transmitted through the BetterLesson Platform, is to terminate your account and your use of the BetterLesson Platform.
Indemnification; Disclaimer; Limitation of Liability. Notwithstanding anything to the contrary in the terms of the license under which you shared the User Content with BetterLesson, you agree to indemnify, defend and hold BetterLesson, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the BetterLesson Platform, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. BetterLesson reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BetterLesson, and you agree to cooperate with BetterLesson’s defense of these claims. BetterLesson will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
YOU EXPRESSLY AGREE THAT THE USE OF THE BETTERLESSON PLATFORM IS AT YOUR SOLE RISK. THE BETTERLESSON PLATFORM AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING, WITHOUT LIMITATION, SPONSORED CONTENT AND COMMERCIAL CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THEBETTERLESSON PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. BETTERLESSON DOES NOT WARRANT THAT THE DATA, CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE BETTERLESSON PLATFORM OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BETTERLESSON, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE BETTERLESSON PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS.
UNDER NO CIRCUMSTANCES WILL BETTERLESSON OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING, WITHOUT LIMITATION, USER CONTENT, SPONSORED CONTENT AND COMMERCIAL CONTENT) OR THE BETTERLESSON PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH BETTERLESSON, EVEN IF BETTERLESSON OR AN BETTERLESSON AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL BETTERLESSON OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE BETTERLESSON PLATFORM OR YOUR INTERACTION WITH OTHER BETTERLESSON PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE BETTERLESSON PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
United States Export Controls. You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency.
Digital Millennium Copyright Act Notification Guidelines.
Notification of Infringement
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers”. If you are a copyright owner or an agent thereof, and you believe that any content hosted on our web site (betterlesson.com) infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing BetterLesson’s Designated Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Please note that BetterLesson may, at our discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to Chilling Effects for publication.
If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g) (3) to confirm these requirements):
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Designated Copyright Agent
BetterLesson’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, BetterLesson, Inc., 86A Sherman St., Cambridge, MA 02140 or by email at [email protected] For clarity, only DMCA notices should go to the BetterLesson Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to BetterLesson customer service through [email protected] You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.