LearningSpring
Oct 1, 202510 min read

Terms of Use

Terms of Use

Effective Date: June 8, 2026

Welcome to LearningSpring. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, and applications (the “Services”).

If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us:

Email: support@learningspring.com

Address:
695 South Colorado Blvd., Suite 480
Denver, Colorado 80246

These Terms of Use (the “Terms”) are a binding contract between you and LearningSpring, Inc. (“LearningSpring,” “we,” and “us”).


User Roles

Different people and organizations (“Users”) use the Services in different ways, including:

  1. States – State-level government agencies or similar public entities that sponsor or administer education choice or scholarship programs.

  2. Scholarship Granting Organizations (SGOs) – Nonprofit or other entities that receive donations or public funds and award scholarships or similar education benefits to eligible students.

  3. Schools – Kindergarten through twelfth-grade schools and school networks that list their programs on our website and may accept scholarship or other program funds through the Services.

  4. Vendors – Education service providers other than Schools (for example, tutoring companies, online programs, and extracurricular providers) that list their services on our website and may accept scholarship or other program funds through the Services.

  5. Parents – Individuals who use the Services on their own behalf and/or on behalf of their children or other dependents.

When we use “you” in these Terms, we mean the applicable person or organization.

You represent and warrant that you are an individual of legal age to form a binding contract (or, if not, that you have received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf).

If you are using the Services on behalf of an organization (for example, a State, SGO, School, or Vendor), “you” also means that organization, and you represent and warrant that you have the authority to bind that organization to these Terms.


Role-Specific Terms

Some sections of these Terms apply to all Users, whereas other sections apply only to certain types of Users.

Where these Terms state that certain provisions apply only to a particular type of User, those provisions apply to you only if you are using the Services in that capacity.

If you are a State, SGO, School, or Vendor, you must enter into one or more Statements of Work or Order Forms (each, an “SOW”) with us. Each SOW is governed by and incorporates these Terms.

If there is a conflict between an SOW and these Terms, the SOW will control solely with respect to the subject matter of that SOW.


Additional Terms

These Terms include:

  • These Terms of Use

  • The Privacy Policy

  • The Copyright Dispute Policy described in the “Copyright Infringement” section below

  • Any additional policies, rules, or conditions applicable to specific Services

Your use of or participation in certain Services may also be subject to additional policies, rules, and conditions, which are incorporated into these Terms by reference.

By using or participating in any such Services, you agree to comply with those additional terms.


Use of Our Services

Your use of the Services in any way means that you agree to all of these Terms and the terms of any applicable SOW. These Terms will remain in effect while you use the Services.

Please read these Terms carefully. They cover important information about Services provided to you.

These Terms include information about:

  • Future changes to these Terms

  • Limitations of liability

  • A class action waiver

  • Resolution of disputes by arbitration instead of in court

If you do not agree to all of these Terms, you may not use or access the Services.


Arbitration and Class Action Waiver

ARBITRATION NOTICE AND CLASS ACTION WAIVER

Except for certain types of disputes described in the Arbitration Agreement section below, you agree that disputes between you and LearningSpring will be resolved by binding individual arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration.


Modifications and Amendments

We are constantly working to improve our Services, so these Terms may change over time.

We reserve the right to modify these Terms at any time. If we do, we may:

  • Post a notice on our website

  • Send you an email

  • Notify you through another reasonable method

If you do not agree with the new Terms, you may stop using the Services.

If you continue using the Services after the updated Terms become effective, you agree to the revised Terms.

Notwithstanding the foregoing, any paid Services expressly described in an SOW will continue to be governed by the version of these Terms incorporated into that SOW unless:

  • The SOW expressly states otherwise, or

  • Both parties agree in writing to amend the SOW

Except as described above, no amendment or modification of these Terms will be effective unless in writing and signed by both parties.


Privacy

LearningSpring takes the privacy of its users very seriously.

Please review our Privacy Policy.


Children's Online Privacy Protection Act (COPPA)

The Children's Online Privacy Protection Act (“COPPA”) requires online service providers to obtain parental consent before knowingly collecting personally identifiable information online from children under thirteen (13).

We do not knowingly collect or solicit personally identifiable information from children under thirteen (13) without obtaining verifiable parental consent.

If you are under thirteen (13), please do not register for or use the Services or provide personal information to us.

If we learn that we have collected personal information from a child under thirteen (13), we will delete that information as quickly as possible.

If you believe a child under thirteen (13) has provided personal information to us without parental consent, please contact us at support@learningspring.com.


User Accounts

You may be required to create an account, select a password and username (“LearningSpring User ID”), and provide certain information, including contact information.

You agree to:

  • Provide accurate, complete, and current information

  • Keep your information updated

  • Maintain the security of your account credentials

You may not select a username that:

  • You do not have the right to use

  • Is intended to impersonate another person

School, SGO, and Vendor Profiles

If you are a School, SGO, or Vendor, we may create a profile for you using publicly available information or information provided by third parties.

All such profiles remain the property of LearningSpring.

Authorized representatives may request to claim an existing profile and link it to their account.

A User may designate multiple authorized administrators to manage a claimed profile.

We may require documentation or other information to verify your authority before granting profile management access.

Any fees or additional services associated with claimed or enhanced profiles will be described in the applicable SOW.

Upon expiration or termination of an SOW or cancellation of a subscription, a claimed profile will revert to LearningSpring’s free-tier service, and authorized administrators may continue managing the profile subject to these Terms.

Account Security

You may not transfer your account to another person without our prior written consent.

If you are an organization, you may permit employees and contractors to access the Services under your account solely on your behalf and subject to these Terms and any applicable SOW.

You are responsible for:

  • Maintaining the confidentiality of your credentials

  • Protecting account access tools

  • All activity that occurs under your account

Lawful Use

You may only use the Services for authorized purposes and in compliance with applicable law.

If your use of the Services is prohibited by law, you are not authorized to use the Services.

LearningSpring is not responsible for unlawful use of the Services by Users.


Messaging

As part of the Services, you may receive communications from LearningSpring, including communications by email or SMS.

When signing up for the Services, you may receive:

  • Welcome messages

  • Account-related notices

  • Information we believe may be of interest to you

By providing your wireless phone number, you consent to receive communications from LearningSpring, including communications sent using automated dialing technology where permitted by law.

You represent and warrant that any person whose phone number you provide has consented to receive such communications.

You agree to indemnify and hold LearningSpring harmless from claims arising from any breach of the foregoing representations.


Programs, Scholarships, and Digital Wallets

States and SGOs may use the Services to help administer scholarship programs, education savings account (“ESA”) programs, and similar education choice programs (each, a “Program”).

LearningSpring acts as a technology platform and service provider. We do not sponsor, operate, or administer the Programs themselves.

Program Funds

Program funds are held by:

  • The applicable State

  • The applicable SGO

  • Their financial institutions

LearningSpring does not take legal custody of Program funds.

Nothing in these Terms creates a fiduciary, trust, or similar relationship between you and LearningSpring with respect to those funds.

Digital Wallets

The Services may display Program allocations through a “digital wallet” or similar feature.

The digital wallet:

  • Is a tool for viewing and directing Program funds

  • Is not a bank account

  • Is not a stored-value account

  • Is not held by LearningSpring

Program Rules

Program Rules are determined by the applicable State and/or SGO and may include:

  • Eligibility requirements

  • Approved Schools and Vendors

  • Eligible expenses

  • Funding limits

  • Expiration rules

  • Revocation rules

LearningSpring does not determine:

  • Who qualifies for a Program

  • How much funding is awarded

  • Whether a particular expense is eligible

  • Whether a School or Vendor is approved

Although we may implement Program Rules in the Services at the direction of a State or SGO, the applicable State or SGO remains solely responsible for establishing, interpreting, and complying with those rules and applicable laws.

Families and other Users are responsible for understanding and complying with Program Rules applicable to them.

LearningSpring is not responsible for decisions by States, SGOs, Schools, or Vendors to approve, deny, limit, revoke, or recover funding.

Payment Processing and Fees

Certain features of the Services may enable payments or transfers of funds, including:

  • Payments by or on behalf of Parents to Schools or Vendors

  • Distributions of Program funds by States or SGOs

LearningSpring may use one or more third-party payment processors or financial institutions (each, a “Payment Provider”) to process these transactions.

Your use of payment-related features may be subject to additional terms, conditions, and policies of the applicable Payment Provider. You agree to comply with those requirements.

Role of LearningSpring

LearningSpring is a technology platform and is not:

  • A bank

  • A money transmitter

  • A payment processor

  • A regulated financial institution

Except as expressly stated in an applicable SOW, LearningSpring does not:

  • Hold funds on your behalf

  • Receive funds on your behalf

  • Transmit funds on your behalf

  • Take legal custody of Program funds

As between you and LearningSpring, the applicable State, SGO, School, Vendor, or Payment Provider is solely responsible for:

  1. Collecting and receiving payments or Program funds

  2. Refunding or reversing transactions where required

  3. Complying with applicable laws governing payments, charitable contributions, or Program funds

LearningSpring is not responsible for:

  • Payment Provider errors

  • Processing delays

  • Chargebacks

  • Banking errors

  • Financial institution issues

  • Payment disputes between Users

SGO Fees

When SGOs receive donations or other Program-related funds, LearningSpring may charge platform, processing, or related fees for Services provided in connection with those funds and Program administration.

These fees may:

  • Be calculated as a percentage of contributed funds

  • Consist of fixed or recurring charges

  • Be in addition to fees described in an applicable SOW

Nothing in these Terms changes legal requirements governing scholarship distributions or minimum scholarship percentages.

Each SGO remains solely responsible for compliance with all applicable laws and Program Rules.


Restrictions on Use

You represent, warrant, and agree that you will not provide or contribute anything to the Services, including Content or User Submissions, or otherwise use the Services in a manner that:

  1. Infringes the intellectual property rights or other rights of another person or entity

  2. Violates any law or regulation, including privacy, data protection, or export control laws

  3. Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable

  4. Jeopardizes the security of your account or another user's account

  5. Attempts to obtain passwords, account information, or security credentials belonging to another user

  6. Violates the security of any network or system

  7. Operates spam, auto-responders, mass messaging systems, or processes that interfere with the Services

  8. Crawls, scrapes, spiders, or otherwise collects data from the Services through automated or manual means

  9. Copies or stores significant portions of Service content

  10. Decompiles, reverse engineers, or attempts to obtain source code, algorithms, or underlying technology related to the Services

Violation of these restrictions may result in suspension or termination of your access to the Services.


Users' Rights in the Services

Materials available through the Services, including but not limited to:

  • Text

  • Graphics

  • Data

  • Articles

  • Photographs

  • Images

  • Illustrations

  • User Submissions

(collectively, “Content”) are protected by copyright and other intellectual property laws.

LearningSpring exclusively owns all right, title, and interest in and to the Services and Content, excluding User Submissions owned by Users.

You agree to comply with all copyright notices, trademark notices, and restrictions applicable to Content.

You may not, without authorization:

  • Use

  • Copy

  • Reproduce

  • Modify

  • Translate

  • Publish

  • Broadcast

  • Distribute

  • Display

  • License

  • Sell

  • Commercialize

  • Exploit

any Content that you do not own.

Limited License

Subject to these Terms, LearningSpring grants each User a worldwide, non-exclusive, non-transferable, non-sublicensable license to access and use Content solely for purposes of using the Services.

Any other use is prohibited without prior written consent.


User Submissions

Anything you post, upload, share, store, or otherwise provide through the Services is considered a “User Submission.”

You are solely responsible for all User Submissions you contribute.

You represent and warrant that your User Submissions are:

  • Accurate

  • Complete

  • Current

  • Compliant with applicable law

You agree not to submit content that:

  1. Infringes third-party rights

  2. Contains pornography or sexually explicit content

  3. Contains hateful, defamatory, discriminatory, or harassing content

  4. Exploits minors

  5. Depicts unlawful acts

  6. Depicts extreme violence or animal cruelty

  7. Promotes fraudulent schemes, gambling, or deceptive money-making ventures

  8. Violates any law


Licenses Granted to LearningSpring

By submitting User Submissions through the Services, you grant LearningSpring a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license to:

  • Use

  • Edit

  • Modify

  • Aggregate

  • Reproduce

  • Distribute

  • Display

  • Perform

  • Create derivative works from

your User Submissions in connection with:

  • The Services

  • LearningSpring's business operations

  • Promotion of the Services

  • Distribution of Service content through any media channel

This license survives termination of your account or use of the Services.

You also grant other users a non-exclusive license to access and use User Submissions where functionality of the Services permits such access.

You represent and warrant that you possess all rights necessary to grant these licenses.

Sharing Through Third-Party Accounts

Certain Service features allow sharing through social networks and other third-party services.

When you choose to share information through those services, you authorize LearningSpring to provide the shared content to the applicable third-party provider.

You remain responsible for complying with the terms and policies of those third-party services.


Copyright Infringement

LearningSpring complies with the Digital Millennium Copyright Act ("DMCA").

We reserve the right to:

  1. Remove content believed in good faith to infringe copyright

  2. Disable access to infringing material

  3. Terminate repeat infringers

Reporting Copyright Infringement

If you believe content available through the Services infringes your copyright, submit a DMCA notice to:

LearningSpring, Inc.
Attn: DMCA Designated Agent
695 South Colorado Blvd., Suite 480
Denver, CO 80246

Your notice should include:

  • A physical or electronic signature of the copyright owner or authorized representative

  • Identification of the copyrighted work

  • Identification of the allegedly infringing material

  • Contact information

  • A statement of good-faith belief that the use is unauthorized

  • A statement under penalty of perjury that the information is accurate

Counter-Notices

If content has been removed and you believe removal was made in error, you may submit a counter-notice containing:

  • Your signature

  • Identification of the removed content

  • A good-faith statement explaining why removal was mistaken

  • Contact information

  • Consent to applicable court jurisdiction

LearningSpring may restore content in accordance with applicable DMCA procedures.


User Responsibilities

Any information or content posted or transmitted through the Services remains the sole responsibility of the person or organization that provided it.

You access all content at your own risk.

LearningSpring is not responsible for:

  • Errors in user-provided content

  • Omissions in user-provided content

  • Actions taken based on user-provided content

You release LearningSpring from liability arising from content obtained through the Services.

You are responsible for all content you contribute and represent that you have all necessary rights to contribute it.

If you are a State, SGO, School, or Vendor, you are additionally responsible for ensuring compliance with all applicable Program Rules and legal requirements.

Third-Party Services

The Services may contain links to third-party websites or services.

LearningSpring:

  • Does not control third-party websites

  • Does not monitor third-party content

  • Does not endorse third-party services

  • Is not responsible for third-party policies or practices

You access third-party websites and services at your own risk.

Transactions Between Users

Any transactions between Users, including payments and delivery of goods or services, are solely between the parties involved.

LearningSpring is not responsible for losses arising from those transactions.

User Disputes

LearningSpring has no obligation to participate in disputes between Users or between a User and a third party.

You release LearningSpring from claims, demands, liabilities, and damages arising from such disputes.


Changes to Services

We continually improve and modify the Services.

Accordingly, we may:

  • Add new features

  • Modify existing features

  • Restrict access to portions of the Services

  • Suspend functionality

  • Discontinue Services

Where practical, we will provide notice of material changes.

For Services provided under an SOW, LearningSpring will not materially reduce the functionality of paid Services during the applicable term without mutual written agreement, except where required for legal or security reasons.

We may remove Content from the Services at any time and for any reason.


Free and Paid Services

Certain Services are provided free of charge, while others require payment under an SOW.

LearningSpring reserves the right to begin charging fees for Services previously offered without charge.

If fees are introduced, we will provide notice before such fees become effective.

Payment Obligations

If you fail to pay undisputed amounts due under an SOW, LearningSpring may charge interest on overdue amounts at:

  • The rate specified in the SOW, or

  • 1.5% per month (or the maximum rate permitted by law)

Interest accrues from the due date until paid in full.

These rights are in addition to any suspension or termination rights provided by the applicable SOW.


Account Termination

Parents

Parents may terminate their accounts at any time by contacting:

support@learningspring.com

Please review the Privacy Policy to understand how information may be retained following account closure.

LearningSpring may suspend or terminate access to the Services at its discretion, including for violations of these Terms.

LearningSpring retains sole discretion in determining whether a violation has occurred.

States, SGOs, Schools, and Vendors

If you are using Services under an SOW:

  1. Either party may terminate the SOW for material breach upon thirty (30) days' written notice if the breach remains uncured.

  2. Either party may terminate immediately if the other party becomes subject to bankruptcy, insolvency, receivership, liquidation, or similar proceedings.

  3. Upon expiration or termination of all SOWs, use of paid Services must cease unless otherwise authorized in writing by LearningSpring.

Claimed profiles may revert to LearningSpring's free-tier service after expiration or termination.

Effect of Termination

Termination may result in deletion of content associated with your account.

Where practical, LearningSpring will attempt to provide advance notice before terminating an account.

If you accidentally delete your account, contact support@learningspring.com promptly. Recovery may not be possible.

Termination does not relieve obligations to pay fees accrued before termination.

Any refund rights are governed by the applicable SOW.

The following provisions survive termination:

  • Indemnification obligations

  • Intellectual property provisions

  • Limitations of liability

  • Dispute resolution provisions

  • Arbitration provisions

  • Any provisions intended by their nature to survive termination

    Audit and Records

    If you are a State or SGO, LearningSpring may, upon written request, provide reasonable information regarding how the Services implement Program Rules and protect personal information.

    However, LearningSpring is not responsible for:

    • Your compliance with Program Rules

    • Audit obligations imposed by law

    • Reporting obligations imposed by law

    • Recordkeeping obligations imposed by law

    • Compliance requirements imposed by funding sources

    You acknowledge that information submitted through the Services may be subject to public records laws or similar disclosure requirements applicable to States or SGOs.

    LearningSpring is not responsible for determining whether such laws apply. Those determinations remain solely the responsibility of the applicable State or SGO.


    General Terms

    Warranty Disclaimer

    LearningSpring and its licensors, suppliers, partners, parent companies, subsidiaries, affiliates, officers, directors, employees, consultants, representatives, agents, successors, and assigns (collectively, the “LearningSpring Parties”) make no representations or warranties regarding the Services or any Content available through the Services.

    The LearningSpring Parties are not responsible for:

    • Accuracy of content

    • Copyright compliance of content

    • Legality of content

    • Decency of content

    • Claims arising from use of the Services

    The LearningSpring Parties make no representations or warranties regarding products or services offered through or in connection with the Services.

    No Professional Advice

    LearningSpring does not provide and shall not be deemed to provide:

    • Legal advice

    • Tax advice

    • Accounting advice

    • Financial advice

    This includes advice relating to:

    • Education tax credits

    • State tax credits

    • Scholarships

    • Education Savings Accounts (ESAs)

    • Education choice programs

    You are solely responsible for obtaining advice from qualified professional advisors.

    Paid Services

    If you receive paid Services under an SOW, any express warranties will be set forth solely in that SOW.

    Except as expressly stated in an SOW:

    THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

    This includes, without limitation:

    • Merchantability

    • Fitness for a particular purpose

    • Non-infringement

    • Uninterrupted operation

    • Error-free operation

    Certain jurisdictions do not permit limitations on implied warranties, so portions of this section may not apply to you.


    Limitation of Liability

    To the fullest extent permitted by law, the LearningSpring Parties shall not be liable for:

    Indirect Damages

    Any indirect, incidental, consequential, special, exemplary, or punitive damages, including:

    • Lost profits

    • Business interruption

    • Loss of data

    • Loss of goodwill

    • Work stoppage

    • Accuracy-of-results claims

    • Computer failures

    • System malfunctions

    Substitute Products or Services

    Any costs associated with obtaining substitute goods, services, or technology.

    Liability Cap

    If you have not paid fees under an SOW, the aggregate liability of the LearningSpring Parties shall not exceed:

    $100 USD

    Liability Under an SOW

    If you have paid fees under an SOW during the twelve (12) months preceding the event giving rise to the claim, aggregate liability shall not exceed:

    The amounts paid or payable under the applicable SOW during that twelve-month period

    unless a different limitation is expressly stated in the SOW.

    Certain jurisdictions do not allow limitations on certain damages, so portions of this section may not apply to you.


    Indemnity

    To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the LearningSpring Parties from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from or related to:

    1. Your violation of these Terms

    2. Your violation of an applicable SOW

    3. Your violation of applicable law

    4. Content or information you submit through the Services

    5. Allegations that your content infringes third-party rights


    Indemnification Procedures

    Indemnification obligations are conditioned upon the indemnified party:

    1. Promptly notifying the indemnifying party of the claim

    2. Granting sole control of the defense and settlement to the indemnifying party

    3. Providing reasonable assistance in the defense of the claim

    The indemnified party may participate in the defense at its own expense.


    Intellectual Property Indemnification for States, SGOs, Schools, and Vendors

    If you are using Services under an SOW, LearningSpring will defend you against third-party claims alleging that your authorized use of the Services directly infringes intellectual property rights.

    LearningSpring will pay damages and reasonable costs awarded in a final judgment or approved settlement.

    This obligation does not apply where claims arise from:

    • Combination of the Services with third-party technology

    • Use of the Services in violation of these Terms or an SOW

    • Compliance with specifications provided by you

    • Failure to use updated versions provided by LearningSpring

    LearningSpring Remedies

    If the Services become, or are likely to become, subject to an infringement claim, LearningSpring may:

    1. Obtain rights permitting continued use

    2. Modify or replace the affected Services

    3. Terminate affected Services and provide any applicable pro-rated refund

    This section constitutes LearningSpring's sole liability and your exclusive remedy regarding intellectual property infringement claims.


    Assignment

    You may not assign, delegate, or transfer:

    • These Terms

    • Any applicable SOW

    • Your rights or obligations

    • Your account

    without LearningSpring's prior written consent.

    LearningSpring may assign or transfer its rights and obligations without your consent.


    Choice of Law

    These Terms and any applicable SOW are governed by:

    • The Federal Arbitration Act

    • Applicable federal law

    • The laws of the State of Delaware

    without regard to conflict-of-law principles.

    Subject to the Arbitration Agreement below, state and federal courts located in New Castle County, Delaware shall have exclusive jurisdiction over disputes arising from these Terms, any SOW, or the Services.

    Both parties consent to the jurisdiction of those courts.

    If an SOW expressly specifies a different governing law or venue, that provision applies solely to that SOW.


    Arbitration Agreement

    Please read this section carefully. It affects your legal rights.

    LearningSpring's officers, directors, employees, and independent contractors are intended third-party beneficiaries of this Arbitration Agreement.


    Informal Resolution Requirement

    Before initiating arbitration, both parties agree to use good-faith efforts to resolve disputes through direct negotiations.

    Good-faith negotiations are a prerequisite to arbitration.


    Binding Arbitration

    If negotiations do not resolve a dispute, the dispute shall be resolved through binding arbitration in:

    New Castle County, Delaware

    Arbitration shall:

    • Be conducted in English

    • Be administered under the JAMS Streamlined Arbitration Rules and Procedures

    • Be heard by a single commercial arbitrator experienced in intellectual property and commercial contract matters

    Judgment on the arbitration award may be entered in any court of competent jurisdiction.


    Costs of Arbitration

    The applicable JAMS Rules govern arbitration fees.

    LearningSpring will pay arbitration fees for claims under:

    $75,000

    LearningSpring will not seek attorneys' fees unless the arbitrator determines that the claim is frivolous.


    Small Claims Court and Intellectual Property Claims

    Either party may pursue qualifying claims in small claims court.

    Either party may also seek injunctive or equitable relief from a court of competent jurisdiction to prevent:

    • Copyright infringement

    • Trademark infringement

    • Trade secret misappropriation

    • Patent infringement

    • Other intellectual property violations


    Waiver of Jury Trial

    YOU AND LEARNINGSPRING WAIVE ANY RIGHT TO A JURY TRIAL.

    Disputes subject to this Arbitration Agreement shall be resolved through arbitration rather than before a judge or jury.

    Any court proceeding regarding enforcement of an arbitration award shall be resolved by a judge without a jury.


    Waiver of Class Actions

    ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS.

    Claims may not be:

    • Brought as class actions

    • Arbitrated as class actions

    • Consolidated with claims of other users

    • Litigated on a representative basis

    If this waiver is found unenforceable, arbitration shall not apply and disputes shall instead proceed in court.


    Opt-Out

    You may opt out of the Arbitration Agreement by sending written notice within thirty (30) days of first accepting these Terms.

    Notice must be mailed to:

    LearningSpring, Inc.
    695 South Colorado Blvd., Suite 480
    Denver, Colorado 80246

    The notice must include:

    • Your name

    • Your residential address

    • Your account email address and/or phone number

    • A clear statement that you wish to opt out of arbitration


    Exclusive Venue

    If arbitration does not apply, disputes shall be brought exclusively in the state or federal courts specified in the Choice of Law section above.


    Severability

    If the class-action waiver is determined unenforceable, the Arbitration Agreement shall be null and void to the extent required by law.

    The Arbitration Agreement survives termination of your relationship with LearningSpring.


    Miscellaneous

    You are responsible for paying, withholding, filing, and reporting all taxes, duties, and governmental assessments associated with your use of the Services.

    Failure by either party to enforce any provision of these Terms shall not constitute a waiver of future enforcement.

    If any provision of these Terms or an SOW is found unenforceable, that provision shall be modified or limited only to the extent necessary, and the remainder shall remain in full force and effect.

    These Terms, together with any applicable SOW, constitute the complete and exclusive agreement between you and LearningSpring regarding the Services and supersede all prior discussions, negotiations, communications, and agreements relating to the subject matter herein.

    Nothing in these Terms or any SOW shall, by itself, subject LearningSpring to government procurement regulations unless expressly set forth in a separate written agreement signed by an authorized representative of LearningSpring.

    Independent Contractors

    You acknowledge and agree that you and LearningSpring are independent contracting parties.

    Nothing in these Terms or any SOW creates:

    • An employment relationship

    • An agency relationship

    • A partnership

    • A joint venture

    You have no authority to bind LearningSpring in any respect.

    Except as expressly provided in the Arbitration Agreement section, these Terms create no third-party beneficiaries.