Terms of Use – K-12 AI Infrastructure Program

Last Updated: May 29, 2026
This website is a publics good resource the use of which is subject to significant legal obligations on your part. Please read these terms and conditions of use (“Terms”) carefully. These Terms are a binding agreement between you and Digital Promise Global, also known as Digital Promise (“we”, “us” and “our”). These Terms govern your use of our websites located at https://k12-ai-infrastructure.org/ (the “Site”).

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE PROMISES WITH RESPECT TO CONTENT YOU MAY ELECT TO UPLOAD TO THE SITE, PROMISES YOU MUST MAKE TO DOWNLOAD CONTENT FROM THE SITE, AND VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. BY USING OUR SITE, YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THESE TERMS (WHETHER OR NOT YOU CONFIRM YOUR AGREEMENT, SUCH AS BY CLICKING “I AGREE”). IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE ANY OF OUR SITE.

1. Related Agreements and Policies
a. Privacy Policy. You agree that we may use any information we obtain about you in accordance with our Privacy Policy, which may be found here (the “Privacy Policy”). These Terms incorporate by reference the terms and conditions of the Privacy Policy.
b. Single Sign-On: Where we allow single sign-on “SSO” for our Site, you acknowledge and agree that SSO may allow us to authenticate access to our Site through a third-party identity provider, and in such case such third-party identity provider’s terms and conditions to which you agreed when creating such SSO may also apply to your access to our Site.
c. Other Website We Operate. Digital Promise offers a micro-credential ecosystem (policies and procedures) and digital badging initiative (policies and procedures). Those websites are separate from this Site and are subject to their own agreements and the aforementioned policies and procedures. If you elect to use those offerings you do so under the agreement, policies and procedures posted on those website; these Terms neither apply to those offerings nor modify those agreements, policies and procedures. Likewise those agreements, policies and procedures do not apply to your use of this Site.

2. Access.
a. No Children. Our Site are not intended for use by children. If you are under eighteen (18), you may not use our Site.
b. International Access. Our Site is controlled and operated by us from our offices within the United States of America and are not intended to subject us to the laws or jurisdictions of any state, country, or territory other than the United States. If you do access and use any of our Site outside the United States, you are responsible for complying with all applicable local, state, federal, national and provincial statutes, treaties, regulations, rules, orders and other laws (each, a “Law”) of the United States and all other international jurisdictions with respect to such access and use.

3. Types of Use.
a. In General. This Site is intended for the distribution of digital resources provided by third parties that are anticipated to be useful for advancing artificial intelligence’s usefulness to and for K-12 students & teachers (the “Public Goods”). Public Goods include but are not limited to data and software. The Public Goods are available to Downloaders (as defined below) subject to the license terms available on the Site page describing the particular Public Goods. Many but not all Public Goods are available under “open source” or other permissive licenses. Please review those licenses carefully as it is your responsibility to comply with their terms and you are liable to both the licensor of such Public Goods, us and anyone else identified within the license as an enforcing party, if you breach the terms of such license.
b. Types of Users. There are three types of users of this Site: (i) browsers are users who visit this Site but neither upload nor download any data to the repository available through this Site, (ii) “Downloaders” are users who elect to download Public Goods from the repository available through this Site, and (iii) “Uploaders” are users who elect to contribute Public Goods to the repository available through this Site. You may elect to be one or more of those types of users. Section 4 of this Agreement applies only to users who elect to be Downloaders. Section 5 of these Terms applies only to users who elect to be Uploaders. All other sections of these Terms apply to all users, including Downloaders and Uploaders.

4. Downloaders. This Site makes available a repository of Public Goods for you to download. These Public Goods are intended for, but its use is not necessarily limited to, educational research. They originate from third parties, and we make no representations or warranties regarding these Public Goods and you download them at your risk. If you elect to download any of the Public Goods you agree to the following terms and conditions:
a. Nature of Public Goods. While the intent of the Public Goods is to provide open access, some Public Goods may be subject to limitations necessary in connection with its acquisition. You agree to review carefully all details associated with the collection of such Public Goods and the limitations applicable to its use prior to downloading such Public Goods.
b. License Terms. When you elect to download Public Goods from the repository on this Site, you are agreeing to the terms of the license listed on the page describing such Public Goods and all limitations described therein. That license may be an open source or other permissive license (for example a Creative Commons license) or may be an agreement that you may use and redistribute such Public Goods subject to compliance with all limitations associated with such Public Goods at the time you download it. In any event you will not have any recourse against us with respect to your right to use such Public Goods as we make them available to you without any warranty, representation, or guarantee of title, validity, or fitness for any purpose. We are, however, a third-party beneficiary under whatever license the third-party who provided such Public Goods subjected such Public Goods to with the right to enforce the terms of such license and other limitations you agreed to if we choose to do so in our sole discretion.
c. Compliance with Limitations. You represent, warrant and covenant that: (i) you will comply with all limitations on the use and redistribution of the Public Goods within the repository that you elect to download, regardless of whether such limitations otherwise comply with the Terms, (ii) you will redistribute the Public Goods only subject to all of the limitations associated with such Public Goods within the repository available through this Site, including by making us a third-party beneficiary of any breach of such limitations, and (iii) you will not directly or indirectly facilitate or otherwise encourage any violation of any such limitation. Such limitations (defined in the Uploader Section below as “Limitations”) are provided by the Uploader of such Public Goods and such Uploader is a third-party beneficiary of your promise herein to comply with the Limitations.
d. Compliance with Laws. You represent, warrant and covenant to comply with all then-current Laws applicable to the use, processing (as that term is understood colloquially as well as under all Laws applicable to personal information (regardless of the fact that such Public Goods may exclude any personal information)), storage and distribution of the Public Goods you elect to download from this Site, and to require any third party to whom you distribute the Public Goods to do the same. You acknowledge that the Laws concerning the training and operation of artificial intelligence systems is evolving and you represent, warrant and covenant to regularly monitor such Laws to ensure your use of such Public Goods in connection with the training of and use in connection with any artificial intelligent system is compliant with the then-current Laws on such topic.
e. Personal Information. Public Goods contained within the repository available through this Site are not intended to contain any personal information. You represent, warrant and agree, with respect to any data contained within the Public Goods you download from the repository available through this Site: (i) you will not attempt to identify any person associated with such data or associate any such data with any person, (ii) you will not directly or indirect facilitate or encourage any third party to identify any person associated with such data or associate any such data with any person, and (iii) you will not use such data to train or otherwise inform any artificial intelligence system in any manner that is considered unethical in the educational or AI community. To the extent you discover any personal information (as that term is understood under data protection Laws in effect in the jurisdiction in which you operate) within any data set you acquire from the repository available through this Site, you agree to immediately notify us of such fact by emailing us the details at k12ai-infrastructure [at] digitalpromise [dot] org .
f. Disclaimer on Data Characterization. Data within the Public Goods available through the repository available through this Site may contain descriptions and other characterizations relevant to such as accuracy, fairness, relevance to learning goals and fitness for intended purpose. You acknowledge that such descriptions and characterizations are provided by third parties and we have no obligation to vet the accuracy of such descriptions and characterizations, undertake no responsibility to correct or otherwise modify such descriptions and characterizations to the extent we do elect to vet them, and you agree that we make such descriptions and characterizations available to you solely on an “as is” basis without any representation or warranty and subject to your agreement to the limitations of liability set forth herein.
g. Information on Public Goods Downloading. You agree that we may monitor and record the Public Goods you download from the repository available through this Site. We may require you to report on the project with respect to which you intend to use and disseminate such Public Goods, and we may publicly report on such project(s) to demonstrate compliance with our public access commitments, and to otherwise report on the consequences of this project, including reporting on funded developments, conference presentations, academic papers and other dissemination activities.

5. Uploaders.
a. License. You have no obligation to upload any Public Goods to the repository available through this Site. If you in your discretion elect to upload any Public Goods to the repository available through this Site (“Your Uploaded Public Goods”), you grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Uploaded Public Goods throughout the world in any media. You grant us and our sublicensees the right to associate and use the metadata you provide in connection with Your Uploaded Public Goods, which includes but is not limited to, your name, screen name, city or zip code, and other biographical information, if we or our sublicensees choose. Such metadata associated with Your Uploaded Public Goods may includes descriptions and other characterizations you provide in connection your uploading of Your Uploaded Public Goods such as descriptions and other characterizations of its accuracy, fairness, relevance to learning goals and fitness for intended purpose, as well as any limitations you propose with respect to its use. You acknowledge that the Site is committed to a public access guarantee permitting the broadest possible use if Your Uploaded Public Goods, and represent, warrant and agree that any limitation you require in connection with the use, processing and redistribution of Your Uploaded Public Goods is necessary to protect students and the public or to enable you to negotiate data sharing agreements necessary to have collected some or all of Your Uploaded Public Goods (the “Limitations”). You understand and agree that our license is not restricted by the Limitations, and while we agree to not use Your Uploaded Public Goods ourselves in violation of the Limitations, we do not promise you that Downloaders will not use, process or redistribute in violation of the Limitations. The contractual obligations we place on Downloaders to agree to your license terms and Limitations is your sole recourse to such Downloaders misuse and as between us and the Downloaders, you agree to pursue remedies against a misuse of Your Uploaded Public Goods solely against the Downloader.
b. Representations and Warranties. You represent and warrant that: (i) you own or otherwise control all of the necessary rights to Your Uploaded Public Goods; (ii) Your Uploaded Public Goods is accurate and accurately described; (iii) neither Your Uploaded Public Goods nor your posting or submission of Your Uploaded Public Goods violates any of these Terms or any United States or other jurisdictions’ Laws; (iv) neither Your Uploaded Public Goods nor your posting or submission of Your Uploaded Public Goods will cause injury to any person or entity; (v) you have obtained all necessary informed consents in connection with Your Uploaded Public Goods, including written informed consents signed by the parent or legal guardian if Your Uploaded Public Goods concerns a minor; and (vi) Your Uploaded Public Goods does not include any personal information. During the process of uploading Your Uploaded Public Goods, you may be asked to answer additional questions regarding Your Uploaded Public Goods. You represent, warrant and agree that each answer you provide is true and correct to the best of your knowledge and each such representation and warranty is made a part of these Terms.
c. Indemnity. You agree that you are solely responsible for Your Uploaded Public Goods and will indemnify us, our affiliates, our sublicensees, and our and their respective content providers, suppliers, distributors, or customers, and any of our and their respective officers, directors, employees, contractors, representatives, or agents (collectively, the “DP Parties”) for all claims resulting from Your Uploaded Public Goods, including arising out or resulting from any breach of any representation or warranty regarding Your Uploaded Public Goods made in these Terms.

6. Prohibitions. Without limiting any of Sections 4 or 5 applicable to you, you agree not to use any of our Site or the content available on our Site: (a) in violation of these Terms or any Law; (b) for any use other than your own personal and internal business use; (c) to transmit or display any material that is illegal, abusive, tortious, defamatory, discriminatory, obscene, sexually explicit, libelous, invasive of another’s privacy, hateful, or otherwise objectionable, or to harass or harm another individual; (d) to transmit any unsolicited or unauthorized advertising or promotional materials; (e) to transmit any material that contains adware, malware, spyware, software viruses, or any other harmful code; (f) to impersonate any person or entity, misrepresent your affiliation with a person or entity, or otherwise provide inaccurate or incomplete information as required by the Site; (g) to interfere with or disrupt any of our Site or any networks used by us; or (h) disparage or injure the reputation or goodwill of Digital Promise, or any of its donors, officers, directors, or employees.

7. Site Participation. In order to download or upload Public Goods from the Site, you must have a registered account that requires you to provide an email address or login using a social media account (such as Facebook, Twitter, Google Plus, or Disqus). You are responsible for maintaining the confidentiality of your social media account password for any of our Site, and you are solely responsible for all activities that occur under your email address or social media account.

8. Our Content and Proprietary Rights. As between you and us, we own all content developed or acquired by us (“Our Content”), including but not limited to our selection and arrangement of the Public Goods, but excluding Public Goods themselves. For clarity, none of the Public Goods in the repository available through this Site is Our Content, it entirely consists of third party intellectual property. Our Content is protected under United States and international copyright Laws and is subject to other intellectual property and proprietary rights and Laws. In addition, the “Digital Promise” name and logo, as well as certain other of the names, logos, and materials displayed in or through our Site constitute registered and unregistered trademarks, trade names, service marks, or logos (collectively, the “Marks”) of us, our affiliates, content providers, or other entities. Ownership of the Marks and the goodwill associated with them remains with us or those other entities. You are not authorized to use any of Our Content or the Marks other than as expressly provided in these Terms or as expressly licensed to you, such as under a Creative Commons or other license. You must abide by all rights notices, information, or restrictions contained in or attached to any of Our Content and must not remove any trademark, copyright, or other notice from our Site or any of Our Content.

9. Third Party Content Other Than Public Goods.
a. No Responsibility for Third Party Content. Users of our Site (including you), and other persons and entities other than us, may through certain features of the Site make comments, post content, or submit material other than Public Goods (such data and works excluding Public Goods, collectively, “Third Party Content”) to our Site. We do not control any Third Party Content on our Site. Any opinions, advice, statements, views, positions, services, offers, or other Third Party Content expressed or made available on our Site are solely those of the respective authors or distributors, and do not necessarily reflect our opinions, views, or position. We make all Third Party Content available only on an “as is” basis without any representation or warranty, including with respect to whether such Third Party Content infringes or misappropriates the rights of any other person or entity or was collected in a lawful manner. We take no responsibility and assume no liability for any Third Party Content. You use, process, redistribute and rely on Third Party Content at your own risk.
b. Your Content. If you provide Third-Party Content (for clarity, excluding Public Goods, collectively, “Your Content”) to any of our Site, you grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content throughout the world in any media. You represent and warrant that: (i) you own or otherwise control all of the necessary rights to Your Content; (ii) Your Content is accurate; (iii) neither Your Content nor your posting or submission of Your Content violates any of these Terms, including without limitation the prohibitions on use of our Site set forth above, or any United States or other jurisdictions’ Laws; (iv) neither Your Content nor your posting or submission of Your Content will cause injury to any person or entity; and (v) if Your Content is content about a minor, you are the parent or legal guardian of that minor, or you are authorized by the parent or legal guardian of that minor to input, make available, and use Your Content. For example, if any of Your Content contains images or recordings of minors, you must obtain the consent of applicable legal guardians in order to post or submit such images or recordings to our Site. You agree that you are solely responsible for Your Content and will indemnify us, our affiliates, our sublicensees, and our and their respective content providers, suppliers, distributors, or customers, and any of our and their respective officers, directors, employees, contractors, representatives, or agents (collectively, the “DP Parties”) for all claims resulting from Your Content, including arising out of or resulting from any breach of your representation or warranty regarding Your Content above. You understand that if you include any personal information in Your Content you post on our Site, that information may be visible to other users of our Site, and you hereby authorize us to publish such personal information. Digital Promise encourages you to be careful and sensible about your privacy and the privacy of minors when sharing Your Content. Digital Promise has no responsibility for any of Your Content or the consequences of your sharing any of Your Content with others.
c. Monitoring and Enforcement; Termination. We have the right, but not the obligation, to: (i) remove or refuse to post any of Your Content for any or no reason in our sole discretion; (ii) take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion. However, we cannot and do not undertake to review all material before it is posted on any Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
d. Feedback. If Your Content includes any suggestions, ideas, or other feedback about us, our Site or our products (your “Feedback“): (i) you grant us all necessary rights to use your Feedback; (ii) you acknowledge and agree that we are free to use and otherwise act on your Feedback with no financial, credit, or other obligation whatsoever to you, but we are not obligated to use your Feedback in any way; (iii) you acknowledge and agree that we are not obligated to keep your Feedback confidential; and (iv) you represent that your Feedback is entirely your original work.

10. Third Party Services and Site. Portions of our Site may allow you to use third party products and services, and our Site may contain links to third party websites or resources (such products, services, websites, and resources, collectively “Third Party Services”). We are not responsible to you for any Third Party Services. Your use of Third Party Services is subject to the license agreements, terms and conditions, privacy policies, and other policies and agreements applicable to such Third Party Services. We do not approve or endorse any Third Party Services, their content, or any views expressed on any Third Party Service, nor are our Site approved or endorsed by any Third Party Services. The DP Parties have no responsibility to you for any Third Party Services.

11. Linking to Our Site. If you wish to link to any of our Site, you may include an active link on any website you control directing a browser to the applicable page of that Site, provided that you agree to remove the link at any time upon our request. You may not link to or otherwise provide access to any of our Site in any way that: (a) alters the look, feel, or functionality of any aspect of our Site; or (b) in any way that disparages our Site or products or that could injure the reputation or goodwill of the DP Parties or any of their products.

12. Infringement Claims. We respect the intellectual property rights of others. Accordingly, we have a policy of removing Third Party Content that violates copyright, trademark, or other intellectual property Laws, suspending access to all or any portion of our Site to any user who uses our Site in violation of any such Law, and/or terminating in appropriate circumstances access to our Site and the account (if any) of any user who uses our Site in violation of any such Law. We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with Title 17 of the United States Code, Section 512. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of any of our Site, please provide written notice to the following agent for notice of claims of infringement:

Kathryn Petrillo-Smith
1001 Connecticut Ave. NW, Suite 935, Washington, DC 20036
Tel: 202-450-3675
Fax: 831-306-6353
Email: k12ai-infrastructure@digitalpromise.org

Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (d) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner’s agent, or the Law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury (in the case of a claim of copyright infringement), that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.

13. Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT USE OF ANY OF OUR SITE, OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES IS AT YOUR SOLE RISK. OUR SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE DP PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO OUR SITE, OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE). IN PARTICULAR, THE DP PARTIES DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION OR OTHER CONTENT OBTAINED OR VIEWED BY YOU AS A RESULT OF YOUR USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, OR THAT YOUR ACCESS TO THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THE DP PARTIES DISCLAIM ALL EQUITABLE INDEMNITIES.

14. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ANY OF THE DP PARTIES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PERSONAL INJURY/WRONGFUL DEATH, PUNITIVE, OR EXEMPLARY DAMAGES, (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING BUT NOT LIMITED TO AS A RESULT OF: (A) YOUR USE OF OR INABILITY TO USE ANY OF OUR SITE OR (B) ANY OF OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES AVAILABLE THROUGH ANY OF OUR SITE. SHOULD ANY DP PARTIES BE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT EXCEED $100.00 IN THE AGGREGATE.

15. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable Law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of liability of the DP Parties will be the minimum permitted under such applicable Law.

16. Refusal of Service; Modification of Site; Termination. We reserve the right to refuse service, disable or prohibit logins, remove or edit content (including Third Party Content), limit access to content, or modify or discontinue any of our Site in our sole discretion. We may terminate, suspend, or modify your access to all or part of any of our Site, without notice, if you violate these Terms or you engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable Law or is otherwise harmful to the interests of us, any other user of any of our Site, or any third party.

17. Modifications to Terms. We may update or change any of the terms and conditions contained in these Terms at any time and in our sole discretion, by posting on the “Terms of Use” page of our Site or emailing to you at the email address you provided to us a change notice or a revised set of Terms. If any modification is unacceptable to you, your only recourse is to terminate your use of our Site. Your continued use of our Site following our posting or emailing of a change notice or revised Terms as provided in this section will constitute your binding acceptance of the change.

18. Disputes. These Terms and the relationship between us will be governed by the Laws of Washington, D.C. and the Federal Arbitration Act. If any controversy or claim between you and us arises out of your use of the Site or these Terms that is not resolved through direct discussions or mediation, the dispute shall be resolved by final and binding confidential arbitration before a single neutral arbitrator administered by the American Arbitration Association in accordance with its consumer arbitration rules or subsequent versions thereof (“AAA Rules,” available at www.adr.org) or, if the claims qualify, in small claims court. In arbitration there is no judge or jury, and court review of an arbitration award may be limited. However, an arbitrator can award on an individual basis the same damages and relief as a court. To begin an arbitration proceeding, the party bringing a claim must send a letter to the other party requesting arbitration that describes the claim. We will send the letter to the address you have provided us. You must send the letter to us at: Digital Promise, 1001 Connecticut Ave. NW, Suite 830, Washington, DC 20036, Attention: General Counsel. The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in Washington D.C. You may choose to have the arbitration conducted by telephone, based on written submissions or in person in the county where you live or at another mutually agreed location. We each agree that the statute of limitations for asserting any claims arising out of use of the Site or these terms shall be a period of one year from your last use of the Site. We each agree that any and all disputes, claims, and causes of actions arising out of or connected with these Terms or the Site shall be resolved individually, without resort to any form of class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Notwithstanding the foregoing, either of us may bring suit in court to enjoin infringement or other misuse of confidential information or intellectual property rights.

19. Electronic Communications Notice. When you use our Site or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the applicable Site. You may update your information for notice purposes by logging in to Your Account. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In order to access any such communications, you must have a computer or other Internet-enabled device. In order to retain copies of any such communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use. If you wish to withdraw your consent for us to communicate with you electronically, you must terminate Your Account (if any) and you may not use our Site.

20. Miscellaneous. These Terms, together with the Privacy Policy and any Additional Terms constitute the entire and exclusive agreement between us with respect to their subject matter, and govern your use of our Site, superseding any prior agreements or negotiations between us with respect to that subject matter. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to our intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect.