Lexia Learning Systems LLC., wholly-owned subsidiary of Lexia Voyager Sopris Inc., and Cambium Learning Group company (“Lexia”), provides educational SaaS-based and/or SaaS-supported subscriptions, applications, products, services and materials (hereafter, “Lexia Service(s)”) that are designed to support classroom instruction and learning, and educator professional learning.
All Lexia Services are provided as enterprise offerings under Lexia’s standard Application License to Lexia’s school district, state agency, LEA and other public or private educational organization customers (each, a “Sponsoring Agency”), with which Lexia has entered into license and services agreement terms for the Lexia Services (each, the “Services Agreement”).
This Acceptable Use Policy (this “AUP” or these “Terms”), is an agreement between you, the individual adult learner or user accessing and/or using a Lexia Service (as defined herein), and Lexia, and provides general terms and conditions applicable to your use of the Lexia Services.
This AUP is incorporated and made part of the Lexia Application License and Services Agreement between Lexia and the Sponsoring Agency customer through which you receive your access to the Lexia Service, governs your access to and use of the Lexia Service, and any software, applications, audio, video, graphs, curriculum, user guides, resources, information, content, text, downloadable or print materials, graphics, images, photos, or other materials (individually and collectively, “Content”) uploaded, downloaded, posted, or otherwise appearing on or made available to you through the Lexia Service. Additional terms, policies, or product requirements may apply to individual Lexia Services as provided with the relevant Lexia Service.
For clarity, nothing in this AUP is intended to supersede or limit rights expressly granted to you under the terms of the written Services Agreement that your Sponsoring Agency has entered into with Lexia regarding your access to and use of the Lexia Services. In addition, nothing in this AUP is intended to deprive any Sponsoring Agency or user of any sovereign immunity protections or rights expressly mandated under applicable law that are required for the Lexia Services and use thereof under the applicable Services Agreement with the Sponsoring Agency. In the event of a conflict between any term of this AUP and the terms and conditions of your Sponsoring Agency’s Services Agreement with Lexia for the Lexia Service(s), the terms and conditions of the written Services Agreement between Lexia and your Sponsoring Agency shall control with respect to such conflicting term.
Please review this AUP carefully. If you do not agree to the terms of this AUP, you should not access or use the Lexia Services. By accessing, downloading, or using the Lexia Services, you agree to the terms of this AUP.
Subject to compliance with this AUP and subject to the terms of the Services Agreement with your Sponsoring Agency, you are granted a limited, non-transferable, non-exclusive, non-sublicensable license to access and use the Lexia Services for your Sponsoring Agency’s educational purposes. You understand that your use of the Lexia Services does not confer to you any intellectual property rights held by Lexia or its licensors. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Lexia Services will be subject to this AUP.
When you access and use Lexia Services, whether as an adult learner or participant user, as an account administrator user, or otherwise, you do so as a user under a limited enterprise license, where the Sponsoring Agency -- not you as the individual user – is the Lexia customer and licensee of the Lexia Services, and where the Sponsoring Agency is the controller with respect to all user and usage data, data reporting, and data processing, associated with your access and use of the Lexia Services.
You understand that Lexia acts as an educational service provider to the Sponsoring Agency, under the authority and instruction of the Sponsoring Agency customer with respect to Lexia’s delivery and performance of, and your access and use of, Lexia Services, and with respect to data pertaining to you that is processed by Lexia in relation to the Lexia Services.
You understand that Lexia may at any time provide access, reporting and other information relating to your access and use of Lexia Services to the Sponsoring Agency, including, but not limited to, information relating to you, your Lexia Service usage, attendance, progress, participation, Lexia Service certifications, transcripts or scores, contributions, responses to surveys, communications or interactions you may have with Lexia personnel or other users within or with respect to the Lexia Services, and including any information relating to your compliance with this AUP and/or allegations or findings of non-compliance, without notice or other obligation or liability to you.
You may access and use the Lexia Services solely for your non-commercial, instructional, and administrative purposes for your Sponsoring Agency. Additional guidelines for such purposes may be detailed in materials associated with the Lexia Service you are accessing. You may not, except as expressly authorized by Lexia or applicable law: (a) copy, modify, translate, distribute, disclose, or create derivative works based on the contents of the Lexia Services, or sell the Lexia Services, or any part thereof; (b) decompile, disassemble, or otherwise reverse engineer the Lexia Services or any part thereof, or otherwise use the Lexia Services or your access thereto, to develop functionally similar products or services; (c) modify, alter, or delete any of the copyright, trademark, or other proprietary notices in or on the Lexia Services; (d) rent, lease, or lend the Lexia Services or use the Lexia Services for the benefit of any third party; (e) avoid, circumvent, or disable any security device, procedure, protocol, or mechanism in the Lexia Services; or (f) permit, authorize, facilitate, or encourage anyone else to do any of the foregoing. In addition, the Lexia Services, and derivatives thereof, may be subject to export laws and regulations of the U.S. and other jurisdictions. You may not export any Lexia Services outside of the U.S., or access or use any Lexia Services in a U.S.-embargoed country or otherwise in violation of any U.S. export law or regulation. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Lexia respects and values its educational customers and their users, and is committed to providing an educational service and experience for users that is informative, productive and respectful. We strive to maintain an environment where all participants – including Lexia personnel and customer users -- act, interact and communicate with one another in ways that are appropriate for a professional audience and supportive of educational outcomes. As a user of the Lexia Services, you are responsible for communications, contributions, and actions you make within and in relation to the Lexia Services, and Lexia disclaims any and all liability relating to such communications, contributions or actions, including any obligations to monitor or manage any individual user actions or compliance with terms or requirements of this AUP in any specific way. Without limiting the foregoing in any way, Lexia reserves the right to monitor, including through human or technical means, and to make administrative determinations and take any actions Lexia deems necessary, prudent or advisable, in Lexia’s sole discretion, in relation to any and all access and use of the Lexia Services and/or components thereof.
In connection with your access to and use of the Lexia Services, including with respect to any webform, chat, message boards or other interactive features that may be supported within the Lexia Services, you agree not to:
In addition to the foregoing, your use of the Lexia Services may also be subject to additional acceptable use or other policies provided to you by your Sponsoring Agency. You are responsible for complying with any such policies of your Sponsoring Agency.
In accordance with the terms hereof, you acknowledge and agree that Lexia may notify your Sponsoring Agency and/or take such other actions as Lexia may determine necessary or advisable in its sole discretion in response to any actual or alleged violation of this AUP by you, including, but not limited to, terminating, suspending or restricting your access to the Lexia Services, or any portion thereof, at any time for any reason, including if directed to do so by your Sponsoring Agency, or if Lexia believes that you have violated the AUP or have engaged in conduct that violates applicable law or is or may be otherwise harmful to the interests of Lexia, your Sponsoring Agency, any other Lexia Sponsoring Agency customer, any user, or any third party.
The Lexia Services, and any Lexia or Lexia Service trademark or logo, and certain other of the names, logos, and materials displayed in the Lexia Service, may constitute trademarks, trade names, or service marks (“Marks”) of Lexia or other entities. Ownership of all such Marks, and the goodwill associated therewith, remains with Lexia or those other entities. Use of Marks is prohibited unless expressly authorized by Lexia.
All Lexia Content is protected under copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Lexia or its licensors. All Content, including determinations relating to the collection, arrangement, assembly, use and permitted uses of such Content, is the exclusive purview and intellectual property of Lexia or its licensors. Your access to the Lexia Services does not confer on or transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any of the Lexia Services or Content for any commercial purpose. You may not use, share or publish Content on any website, social media site, public forum, or in a networked computer environment, for any purpose, without the prior express written permission of Lexia. Except for any additional limited usage and/or other rights that Lexia may expressly grant in relation to your use of specific Content, as detailed and made available to you in writing with such specific Content, and as otherwise expressly authorized by Lexia in writing at its sole discretion and on a case-by-case basis, your rights to access and make use of the Lexia Services and/or any Content are limited to those provided under this AUP and the terms of the Lexia Application License and the Services Agreement with your Sponsoring Agency, and except as expressly granted therein, all rights in the Lexia Services and Content are reserved to Lexia and/or its licensors.
Your authentication to enable your access and use of the Lexia Services is based in part upon information supplied by you and/or by your Sponsoring Agency for you. You are required to (a) provide accurate information to Lexia and promptly report any changes to such information, (b) not share or allow others to use your account, (c) maintain the confidentiality and security of your account information, and (d) use the Lexia Services solely via such authorized accounts. You may not share your credentials (i.e., username and password) to access the Lexia Service with anyone except the person for whom that account was created. You agree to notify your Sponsoring Agency and Lexia immediately of any unauthorized use of your account or related authentication information. Lexia will not be responsible for any losses arising out of the unauthorized use of your account.
In connection with any data, information, content, and other materials provided to or collected by Lexia from you or on your behalf in connection with your use of the Lexia Services, including materials and/or other content that you post, share, upload, transmit, email, or otherwise make available on, through, or in connection with the Lexia Services (“User Contributions”), you represent, warrant, and covenant that you have all the necessary rights, including all necessary consents and/or intellectual property rights of any owner or rights holder of any such User Contribution, to use, share and grant Lexia such rights with respect to such User Contributions as provided hereunder.
Subject to the terms hereof, and except as otherwise expressly agreed by your Sponsoring Agency and Lexia in writing, you and/or your Sponsoring Agency retain ownership rights that you have in your User Contributions. Subject to the terms of the Services Agreement with your Sponsoring Agency, which will control in the event and to the extent of any conflict, you hereby grant to Lexia and its affiliates, licensees, and authorized users, a perpetual, non-exclusive, fully paid-up, royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Contributions in connection with the Lexia Services. You understand and acknowledge that, as a user for your Sponsoring Agency, you are responsible for the accuracy, integrity, completeness, quality, legality, and safety of your User Contributions. You further represent and warrant that the posting of such User Contributions through or in connection with the Lexia Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You understand and affirm that you are responsible for exercising caution, discretion, common sense and judgment when using the Lexia Services, determining the appropriateness of information or content you contribute as User Contributions, and for evaluating the truth, accuracy, quality, appropriateness, or your rights and/or ability to use any statements or other User Contributions of other users of the Lexia Services to which you may have access through the Lexia Services (e.g., information or contributions shared by other users during online or onsite group professional learning sessions, product training sessions, other interactive sessions, or message boards or similar interactive features that are or may be supported within the Lexia Services). You understand that Lexia reserves the right (but is under no obligation) to monitor the Lexia Services, and your access and use thereof, including for inappropriate content or conduct, and to limit, restrict, modify or remove any User Contribution at any time in its sole discretion without liability to you or any other user or third party. Further, you understand and acknowledge that Lexia reserves the right to investigate and take any appropriate action, as determined by Lexia in its sole discretion, up to and including legal action, against anyone who, in Lexia’s determination, violates this AUP or Lexia’s Application License, or attempts to do so, including terminating or suspending the user’s account or access to or use of the Lexia Services, reporting any user content or conduct to any Sponsoring Agency(ies) associated with the user, and/or reporting any content or conduct to law enforcement authorities.
Lexia may periodically provide you with additional information, services, resources or opportunities relating to your use and participation in the Lexia Services, where available, offered and supported by Lexia from time to time. Such additional services, resources and/or opportunities may include, but are not limited to: (i) opportunities for adult users that have completed certain Lexia Professional Learning programs and achieved minimum required scores to register with a specified U.S. accredited Institution of Higher Learning (“IHL”) with whom Lexia has established a partnership, to have their coursework and score(s) in such applicable Lexia Professional Learning program applied as credit toward a masters or other degree offered from that partnered IHL, and/or to have their Lexia Professional Learning coursework transcribed by the IHL for transferable credits (subject to the user’s registration with the applicable IHL, acceptance of additional IHL program terms, and payment to the IHL of any associated fees, as may be required by the partnering IHL for this option); (ii) opportunities to participate in online community forums hosted by Lexia for current and/or former adult users of Lexia Services from States, districts and schools across the country, to share experiences, insights and best practices; and (iii) the opportunity to periodically receive information and communications from Lexia relating to Lexia, Lexia’s Professional Learning program(s) and/or Lexia student curriculum solutions, or associated information and topics of interest, such as the science of reading and literacy, Lexia events, instructional resources or classroom activities, and new or recommended Lexia pre-K-12 educational products, features or services. (You may opt-out of receiving non-Services-related communications at any time by using the unsubscribe link included in the Lexia communication or by contacting Lexia support.)
You understand and acknowledge that Lexia may, consistent with applicable law, maintain and associate information relating to you and your use of the Lexia Services, including the Lexia Services and courses you’ve taken, transcripts, certificates of unit and/or course completion, scores, attendance and other usage and performance information, and other information relating to our delivery and fulfillment of any of our Lexia products and/or to you and your associated Sponsoring Agency(ies) under all Services Agreement(s), for educational purposes relating to Lexia Services and your use thereof, which purposes may include, but are not limited to, reporting, demonstrating and/or verifying service delivery to Sponsoring Agency(ies) and/or state or federal funding agencies, verification and/or reporting of Lexia Services utilization, progress and unit/course(s) completed and scores received, identifying recommended Lexia educational resources or solutions for you or your Sponsoring Agency, and efficacy, enhancements, optimizations and/or development of existing or new Lexia educational products or service offerings. Notwithstanding the foregoing or anything to the contrary, Lexia makes no guarantee or assurance to you that it will maintain or provide or make available to you, any or all such user information for any specified period of time following the expiration or termination of the applicable Services Agreement; you as user are responsible for downloading and maintaining any copies of records that may be made available to you within the Lexia Service relating to your unit or course completion, scores, attendance, transcripts or similar reports relating to your use and performance with respect to the Lexia Services, as provided or made available to you by Lexia through or in relation to the Lexia Service, and during the period of active service.
If you provide us with any ideas, proposals, or suggestions related to the Lexia Services (“Feedback”), you hereby acknowledge and agree that your provision of any Feedback is gratuitous, unsolicited, and without restriction, and does not place Lexia under any fiduciary or other obligation to you or any other individual or entity. For clarity, Feedback does not include your personal information, User Contributions, or content or confidential information provided to Lexia by you or your Sponsoring Agency for purposes of the Lexia Services that is owned by you or your Sponsoring Agency. You hereby grant to Lexia a worldwide, royalty-free, fully paid-up, nonexclusive, perpetual, irrevocable, transferable, and fully sublicensable license to reproduce, distribute, perform and/or display (publicly or otherwise), adapt, modify, and otherwise use such Feedback, in any format or media now known or hereafter developed, and you hereby represent and warrant that you have all necessary rights to grant the foregoing.
YOU UNDERSTAND AND ACKNOWLEDGE THAT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LEXIA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED), AND ANY AND ALL LIABILITIES OF ANY KIND, TO YOU IN YOUR INDIVIDUAL AND/OR PERSONAL CAPACITY.
ANY LEXIA WARRANTIES AND/OR LIABILITIES WITH RESPECT TO THE LEXIA SERVICES ARE:
(i) SOLELY TO AND FOR THE BENEFIT OF THE APPLICABLE LEXIA SPONSORING AGENCY CUSTOMER; AND
(ii) SOLELY AS SET FORTH UNDER THE TERMS OF THE APPLICABLE SERVICES AGREEMENT BETWEEN LEXIA AND THE SPONSORING AGENCY FOR THE LEXIA SERVICES; AND
(iii) SOLELY EXERCISABLE AND ENFORCEABLE BY THE SPONSORING AGENCY CUSTOMER (NOT BY ANY USER OR GROUP OF USERS IN THE USER’S/USERS’ INDIVIDUAL OR PERSONAL CAPACITY).
In accordance with the terms of this AUP, Lexia may monitor access and use of the Lexia Services, and may terminate, suspend or restrict your access to the Lexia Services or any portion thereof at any time for any reason, including if directed to do so by your Sponsoring Agency, or if Lexia believes that you have violated the AUP or have engaged in conduct that violates applicable law or is or may be otherwise harmful to the interests of Lexia, your Sponsoring Agency, any other Lexia Sponsoring Agency customer, any user, or any third party. In the event that Lexia gives you a warning regarding actions or behaviors Lexia determines in its sole discretion to conflict with this AUP, you understand that you are expected to immediately bring your actions into compliance with such warning. For clarity and notwithstanding the foregoing, you understand and agree that Lexia is under no obligation to provide any initial warning regarding violation of the AUP to you or any other user, or to provide any such warnings consistently for all users, and that Lexia’s decision to provide a warning in any circumstance in no way limits or delays Lexia’s rights to take any other actions under this AUP and/or the Services Agreement with your Sponsoring Agency for the Lexia Services, at any time.
Upon termination, you will: cease using the Lexia Services, and, if and as directed by Lexia and/or your Sponsoring Agency, return, purge, or destroy all copies of any Lexia Services and, if so requested, confirm to Lexia and/or your Sponsoring Agency in writing that such surrender or destruction has occurred.
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any material residing on or linked to from the Lexia Services infringes your copyright, please send (or have your agent send) to support@lexialearning.com, a written notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Lexia Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, including your name, the name of your Sponsoring Agency, and the email you use to access the Lexia Services; (d) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, the copyright owner’s agent or the law; (e) a statement by you that the above information in your notification is accurate, and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed, or that you are authorized to act on such owner’s behalf; and (f) your physical or electronic signature.
Lexia reserves the right, at its discretion, to suspend or terminate infringers’ and suspected infringers’ accounts or their access to or use of the Lexia Services, and take such other actions under this AUP.
If you feel that another user of the Lexia Services is not acting in a manner consistent with this AUP, you may contact Lexia to report your concern at: support@lexialearning.com. Reports should include sufficient detail and description of the individual(s) and associated action(s) that you feel to be in contradiction of this AUP. Please note that while we take all concerns raised seriously, any investigation by Lexia of any such report, and any action Lexia may take in response thereto is at Lexia’s sole discretion and determination; you understand that Lexia is under no obligation to you to provide you with any information regarding any Lexia investigation or any actions Lexia has or may take in response thereto.
If Lexia is notified of allegedly infringing, defamatory, damaging, illegal, or offensive actions, communications or User Content, Lexia may investigate the allegation and take such action that Lexia, in its sole discretion, deems necessary, appropriate or advisable, which action may include, but is not limited to, modifying, restricting or removing same from the Lexia Services. Consistent with its obligations under Lexia’s Services Agreement with the user’s Sponsoring Agency, Lexia may report and disclose any user electronic communications or User Content or other information relating to any users access and use of the Lexia Services or actions under this AUP at any time, to the Sponsoring Agency; to satisfy any law, regulation, or government request; as necessary or appropriate to operate the Lexia Services; and/or as determined necessary or advisable by Lexia in its sole discretion to protect the safety, rights, property or interests of Lexia, its Sponsoring Agency customers, users, or other entities.
Consistent with Lexia’s terms and commitments under its Services Agreement with your Sponsoring Agency for the Lexia Services, Lexia may, without prior notice, change any of the Lexia Services or stop providing any features of any of the Lexia Services. We may permanently or temporarily terminate or suspend your access to any Lexia Services features without notice for any reason, including if, in our sole determination, you violate any provision of this AUP. Upon any such termination or suspension, you understand and agree that the terms of this AUP continue to remain in effect with respect to the subject matter hereof.
We may change this Acceptable Use Policy in the future. For example, we may update it to address changes in our Lexia Service offerings, or to address changes in the law or best practices. If we make changes that materially impact your legal rights or use of our Lexia Services, we will provide notification to you and/or the Sponsoring Agency’s account administrator(s) for the Lexia Services (e.g. via the Lexia Service or by email). Otherwise, we will post any updates to this policy with an updated “Last Revised Date,” and all changes will become effective immediately. Please check the Last Revised Date to confirm the most current policy.
Last Modified: December 1, 2024