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Terms of Use - Xatheryn Academy

Xatheryn Academy (the "Service") is provided free of charge as a classroom research and learning tool. It is operated by Xatheryn LLC, a North Carolina limited liability company ("Xatheryn," "we," "us," or "our"). These Terms of Use ("Terms") are a binding agreement between you and Xatheryn LLC governing your use of the Service. In these Terms, “the Xatheryn Parties” means Xatheryn LLC and its members, managers, officers, employees, and agents. Every protection in these Terms for Xatheryn, including each disclaimer, release, indemnity, limit on liability, and the arbitration agreement, covers all of the Xatheryn Parties. By using the Service, you agree to these Terms and to our Privacy page, which is incorporated by reference. If you do not agree, do not use the Service.

1. What this is

A library of books with lessons, quizzes, and unit tests, and a search index built only from primary-source archives and established academic and scientific institutions, intended to support factual research and learning in history, social studies, science, math, and language arts. There are no accounts. Quiz and test answers and scores are for practice only and are kept in your own browser, as described on our Privacy page.

2. Who may use it

If you are under the age of majority where you live, you confirm that your parent, legal guardian, or school has permitted you to use the Service, and that they are responsible for your use of it. A school or teacher who has students use the Service agrees to these Terms for the school and its students.

3. Acceptable use

Use this tool for its intended purpose: research and learning. You agree not to: (a) circumvent, disable, or probe the content filtering that scopes this tool to educational sources; (b) use automated tools to scrape, copy, or overload the Service; (c) print, copy, republish, resell, or redistribute Academy books or other Service content, or offer the Service to anyone else as your own; (d) reverse engineer or try to extract the Service's source code, except where the law allows; (e) interfere with or disrupt the Service; or (f) try to access the Service or its systems without authorization.

4. Xatheryn's property

The Service, including the Academy books, lessons, quizzes, tests, index, software, and design, and the names "Xatheryn" and "Xatheryn Academy" and their logos, belong to Xatheryn LLC or its licensors and are protected by law. We keep all rights in them. While you follow these Terms, we give you a limited, personal, non-exclusive, non-transferable, revocable license to read and use the Service for learning and research. You may not use our names or logos without our written permission.

5. Content and third-party sites

Search results link out to third-party websites (for example the Library of Congress or the Smithsonian) that Xatheryn does not own or control and is not responsible for the content of, beyond the curation and safety review described on our Privacy page. Your use of those sites is governed by their own terms and policies.

Results are curated to follow Xatheryn's values, and some topics are filtered out of results. We always show crisis resources, such as the 988 Suicide & Crisis Lifeline, when a search suggests someone may need help.

6. Disclaimer of warranties

THE SERVICE, AND EVERYTHING ON OR THROUGH IT, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND FROM THE XATHERYN PARTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE XATHERYN PARTIES DO NOT WARRANT THAT ANY PARTICULAR RESULT OR BOOK WILL BE AVAILABLE AT ANY GIVEN TIME, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY BOOK, LESSON, QUIZ, TEST, SEARCH RESULT, OR LINKED PAGE IS ACCURATE, COMPLETE, CURRENT, OR SUITED TO ANY CURRICULUM, COURSE, GRADE, OR EXAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY OF THE XATHERYN PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROGRESS, OR SCORES, ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING RELIANCE ON ANY BOOK, LESSON, QUIZ, TEST, SEARCH RESULT, OR LINKED THIRD-PARTY PAGE WE DO NOT CONTROL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE XATHERYN PARTIES, TAKEN TOGETHER, FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED FIFTY U.S. DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO SOME MAY NOT APPLY TO YOU.

8. Indemnification

You agree to defend, indemnify, and hold harmless the Xatheryn Parties from and against any claims, liabilities, damages, losses, and expenses, including fines, penalties, and reasonable attorneys' fees, arising out of or in any way connected with your use of the Service, your breach of these Terms, or your violation of any right of a third party. We may take over the defense of any matter at your expense, and you may not settle any claim that affects the Xatheryn Parties without our written consent.

9. Release; disputes with others

To the fullest extent permitted by law, you release the Xatheryn Parties from all claims, demands, damages, and losses of every kind, known and unknown, arising out of or in any way connected with any dispute between you and another person, or the owner of a linked third-party site, or any book, lesson, quiz, test, result, or linked page you rely on. If you live in California, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You waive any similar law of any other state as well.

You will not name any of the Xatheryn Parties in any lawsuit, claim, or complaint about a dispute with another person or the owner of a linked third-party site.

10. Dispute resolution; arbitration agreement; class action waiver

Please read this section carefully. It affects your legal rights. You and Xatheryn LLC (on behalf of itself and the Xatheryn Parties) agree to first try to resolve any dispute informally by contacting us at [email protected]. If a dispute is not resolved within 30 days, you and Xatheryn LLC agree that it will be resolved by binding, individual arbitration rather than in court, except that either party may bring an individual claim in small claims court if it qualifies. You and Xatheryn LLC each waive any right to a jury trial and to participate in a class, collective, or representative action. This arbitration agreement is governed by the Federal Arbitration Act. It covers any claim against any of the Xatheryn Parties, including a claim about a book, a result, or your use of the Service. Where applicable law does not permit enforcement of any part of this section, that part will not apply to the extent (and only to the extent) required by that law, and the remainder of this section will still apply.

Nothing in this section stops Xatheryn LLC from asking a court for an injunction or other equitable relief to protect its intellectual property or to stop unauthorized access to, or misuse of, the Service. Any claim that cannot be arbitrated will be brought only in the state or federal courts located in North Carolina, and you consent to those courts’ personal jurisdiction.

11. Governing law

These Terms are governed by the laws of the State of North Carolina, United States, where Xatheryn LLC is organized, without regard to its conflict-of-laws principles, except as otherwise required by applicable law, including any consumer-protection law of your state of residence that cannot be waived.

12. Changes and termination

We may change or discontinue the Service, in whole or in part, at any time, and may block access to anyone who breaks these Terms. We may update these Terms. Material changes will show a new "Last updated" date, and your continued use of the Service after a change takes effect means you accept the revised Terms. Sections that by their nature should continue (including Sections 3, 4, and 6 through 11) remain in effect after your access ends.

13. General

If any provision of these Terms is found unenforceable, that provision will be limited or removed only as much as necessary, and the remaining provisions stay in full force and effect. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. You may not assign these Terms without our prior written consent; we may assign these Terms without restriction. These Terms, together with our Privacy Policy, are the entire agreement between you and Xatheryn LLC about the Service and replace any earlier agreements.

14. Contact

Xatheryn LLC, a North Carolina limited liability company. Questions about these Terms can be sent to [email protected].