Terms of Service

Last updated on May 30, 2025

These Terms of Service (the “Terms of Service” or the “Terms”) govern your access to, use of, or engagement with certain products, services, or offerings (collectively, the “Services,” and each, a “Service”) made available by Robin Merger Corporation, Inc. d/b/a ISTE and ASCD (collectively, “ISTE+ASCD”, “we,” “our,” or “us”). 

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING, USING, OR OTHERWISE ENGAGING WITH ANY OF OUR SERVICES, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING THOSE RELATED TO THE RESOLUTION OF DISPUTES. BY ACCESSING, USING, OR ENGAGING WITH ANY OF OUR SERVICES, OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF SERVICE WHEN THE OPTION IS MADE AVAILABLE TO YOU, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US AND HAVE THE AUTHORITY TO DO SO, EITHER ON YOUR OWN BEHALF OR ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, AND THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS IN FULL. IF YOU DO NOT AGREE TO THE TERMS, OR IF YOU OTHERWISE DO NOT MEET THE FOREGOING REQUIREMENTS IN ANY WAY, YOU MAY NOT ACCESS, USE, OR ENGAGE WITH ANY OF OUR SERVICES.

IMPORTANT NOTICE – AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER: BY AGREEING TO BE BOUND BY THESE TERMS OF SERVICE, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND ISTE+ASCD WILL BE RESOLVED BY BINDING ARBITRATION, EXCEPT FOR CERTAIN LIMITED TYPES OF DISPUTES DESCRIBED IN SECTION 11 BELOW. YOUR AGREEMENT TO ARBITRATE MEANS THAT YOU ARE GIVING UP THE RIGHT TO BRING A COMPLAINT, CLAIM, OR DISPUTE, OR OTHERWISE TAKE LEGAL ACTION, BEFORE A COURT AND THE RIGHT TO A TRIAL BY JURY. INSTEAD, ALL DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR. YOU ALSO AGREE THAT ALL DISPUTES BETWEEN YOU AND ISTE+ASCD, WHETHER IN COURT OR IN ARBITRATION, WILL ONLY BE BROUGHT ON AN INDIVIDUAL BASIS AND THAT YOU ARE WAIVING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. PLEASE READ SECTION 11 OF THESE TERMS FOR FURTHER DETAILS.

For information on how ISTE+ASCD collects, uses, and shares any personal information, please see our Privacy Policy. If you reside outside of the European Economic Area, your acceptance of these Terms constitutes your consent to the processing activities described in our Privacy Policy under the laws of your jurisdiction.

1.    GENERAL INFORMATION ABOUT THE TERMS OF SERVICE

1.1. Services Generally. The products, services, or offerings governed by these Terms of Service are part of the collective Services offered by ISTE+ASCD and include: (a) the websites at iste-ascd.org, iste.org, ascd.org, edsurge.com, and the various  other websites, subdomains, and applications hosted by or for ISTE+ASCD (the “Websites”); (b) the publications, curricula, and other materials made available to you on or through our Websites; and (c) the membership, subscription, seminar, training, polling, discussion, and other related services provided to you on, through, or in connection with our Websites.

1.2 Changes to the Terms. We may change these Terms at any time and without prior notice. We will update the “last updated on” date located at the top of these Terms to indicate that the Terms have been changed. All changes will become effective immediately upon posting. It is your responsibility to be apprised of the most current Terms prior to each access to, use of, or engagement with the Services. If any future changes are unacceptable to you, you may (a) cancel your account (see Section 10) and/or (b) discontinue your access to, use of, or engagement with the Services. Your continued access to, use of, or engagement with the Services following the posting of updated Terms will indicate acceptance by you of the Terms as they then read.

1.3. Additional Terms. In some instances, these Terms of Service will apply in conjunction with separate guidelines, rules, or terms of service, use, or sale presented or made available to you in connection with the Services to which they apply (“Additional Terms”). As an example, the provisions set forth in any order form that we provide in connection with your purchase of or subscription to a Service are Additional Terms. Additional Terms may set forth supplemental or different terms and/or conditions that will apply to your access to, use of, or engagement with the applicable Service(s). To the extent there is a conflict between these Terms of Service and any applicable Additional Terms, the Additional Terms will control, unless they expressly state otherwise.

1.4. Modification; Discontinuation; Restriction. We may change, suspend, or discontinue (temporarily or permanently) any aspect of the Services (including the availability of any element, feature, or content of the Services) at any time, for any or no reason, with or without notice. We may also impose limits on certain features of Services or restrict your access to parts or all of the Services without notice. You agree that ISTE+ASCD shall not be liable to you or to any third party for any such modification, suspension, discontinuation, limitation, or restriction.

2.  SERVICES

2.1. Access, Use, and Engagement. You may access, use, or engage with some of our Services without creating an ISTE+ASCD account (“Account”), registering for an ISTE+ASCD membership (“Membership”) or to become an ISTE+ASCD member (“Member”), or purchasing a subscription to a Service (“Subscription”). You must create (and log into) an Account, become a Member, or purchase a Subscription in order to activate, access, or use certain Services (e.g., participation in certain discussion boards, forums, leadership opportunities, or other ISTE+ASCD programs). While accessing, using, or engaging with certain Services, the device you are using to access, use, or engage with such Services may automatically connect to the internet, intermittently or on a regular basis, to, for example, validate your entitlement to access, use, or engage with such Services, or to download and install relevant updates, all without prior notice to you. You agree to such connections and their various purposes.

2.2. Account. You may be required to create an Account in order to access, use, or engage with certain Services or features thereof. As part of the Account creation process, you will generate login credentials by selecting a username and password, and providing an email address and other required (and optional) registration information. All information you provide about yourself in connection with your Account must, at all times, be truthful, accurate, complete, and up-to-date. To create and maintain an Account, you must be at least the age of majority under applicable law. You are not allowed to share your Account login credentials or assign your Account login credentials to any other person, and you are responsible for maintaining the confidentiality of your password. Additionally, you may not: (a) generate login credentials or use the login credentials of another person with the intent to impersonate that person; (b) use login credentials in which another person has rights; or (c) select and use, in connection with any of our Services, a username that we, in our sole discretion, deem offensive. Failure to comply with any of the foregoing requirements regarding Account creation will constitute a breach of these Terms of Service and may result in immediate suspension or termination of your Account and/or your access to the Services. You are responsible for all usage or activity on your Account, whether or not you are the source of such usage or activity. Any fraudulent, abusive, or otherwise unlawful activity may be grounds for suspension or termination of your Account and/or access to the Services, and we may report you to appropriate law enforcement agencies. Please notify us of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information, by email at iste@iste.org or member@ascd.org.

An Account may be assigned to you by an administrator, such as your employer or an organization for which you provide services. In such cases, the administrator may have provided us with information about you for the purpose of creating your Account. If you are using or logging into an Account assigned to you by an administrator, Additional Terms may apply to your access to, use of, or engagement with the Services, including the ability of your administrator to access, disable, or otherwise control or manage your Account without our involvement.

2.3. Membership. In order to become a Member, you must complete the applicable registration and payment processes and meet certain qualification requirements. The Member registration and payment processes require, among other things, that you provide accurate, complete, and current information as requested on the applicable registration and payment forms, and that ISTE+ASCD be able to successfully process your payment. If you are registering for a Membership on behalf of a school, school system, business entity, or other organization, you represent and warrant that you are duly authorized to provide the required information on behalf of such entity and bind the entity to these Terms and any applicable Additional Terms.

2.4. Disputes Between Users. You agree that ISTE+ASCD is under no obligation to resolve, intervene, or otherwise become involved in any dispute between or among users of the Services, and that ISTE+ASCD will not be liable to you or any other individual in connection with any user’s interactions with any other user(s). To the extent permitted under applicable law, you hereby irrevocably release ISTE+ASCD from, and covenant not to assert against ISTE+ASCD, any claims, demands, or damages, direct, indirect, or consequential, of any kind, known or unknown, disclosed and undisclosed, arising out of, related to, or in connection with any user-to-user interactions.

2.5. Security and Infrastructure. We cannot and do not guarantee that any of the Services will be free from any viruses, worms, malware, spyware, adware, Trojan horses, sniffers, corrupted files, or other harmful, malicious, or destructive programming, software, or code (collectively, “Malicious Code”). It is your responsibility to implement appropriate security safeguards (including antivirus software and other security checks) to satisfy your particular requirements as to the safety and reliability of the Services. We do not provide internet services or any other network or communications services or any hardware, software, storage, security, or other resources necessary for you to access, use, or engage with the Services. You and your service providers are responsible for acquiring all such items and for their reliability, security, and performance.

3. PURCHASES; PAYMENT

3.1. Eligibility. To make a purchase or place an order for goods, services, or products that are not Subscriptions on or through the Services, you must be at least the age of majority under applicable law and abide by all applicable local, state, federal, and international laws and regulations.

3.2. Order Acceptance and Cancellation. You acknowledge and agree that an order is an offer to purchase one or more Services. All orders must be accepted by us or we will not be obligated to sell and provide the applicable Service(s) to you. We may choose not to accept any orders in our sole discretion. Without limiting the foregoing, we will not accept an order if payment relating thereto has not been received by us. Upon receiving and accepting your order, we will send you a confirmation email with an order number and details of your purchase (including, if applicable, an introduction to your Customer Success representative). Acceptance of your order and the formation of a contract of sale between you and ISTE+ASCD will not take place unless and until you have received such order confirmation email. You have the option to cancel your order at any time before we have sent an order confirmation email by emailing us at iste@iste.org or member@ascd.org.

3.3. Fees and Payment. We reserve the right to charge, at any time, fees for access to, use of, or engagement with portions of the Services or the Services as a whole. In no event, however, will you be subject to such fees, unless we obtain your prior agreement to pay such fees. Accordingly, if we, at any time, institute a fee or otherwise require payment for portions of the Services that are currently available at no cost, we will give you advance notice of such fees or required payment. If such fees or charges are not agreeable to you, you may cancel your account (see Section 10) or stop accessing, using, or engaging with the applicable portion(s) of the Services at any time. We may also change the fee for or price of any Service, from time to time, in our sole discretion; we may, but are not obligated to, notify existing users of a Service about such change in the Service’s fee or price. Where there is any error (typographical or otherwise) in the pricing of or fee associated with a Service, we may cancel any and all orders and payments arising from such error(s).

You agree that any Service purchased by you, including any products or services offered for sale on, through, or in connection with the Services by us or by a third-party vendor or service provider, will incur a fee or otherwise require payment from you, and that all such fees and required payment will be billed to and paid by you. You must pay all fees and charges incurred in connection with a purchase, at the rates in effect for the billing period during which such fees and charges were incurred. You are responsible for and shall pay all applicable expenses, tariffs, and taxes charged in connection with the Services. Unless otherwise indicated, all fees, prices, and related charges are in U.S. dollars.

If you choose to make a payment using a credit card, you represent and warrant that: (a) the credit card information you supply to us in connection with a purchase is true, correct, and complete; (b) you are duly authorized to use such credit card for such purchase; and (c) charges incurred by you will be honored by your credit card company.

3.4. Additional Terms for Subscriptions. A Subscription (which may include any fee-based recurring Membership through which you are entitled to access or receive specified Services) may be purchased either directly by you or on your behalf by a third party in accordance with a separate commercial agreement between ISTE+ASCD and such third party. The term of a purchased Subscription (the “Subscription Period”) will begin immediately after we accept and successfully process the applicable order or application and payment. Unless otherwise stated on the applicable Subscription registration page (the “Subscription Order”), each Subscription will remain in effect, and shall renew for successive renewal terms of the same duration of the Subscription Period, unless and until: (a) expressly canceled by you (or the master account holder, as applicable and/or in the case of a Subscription purchased on your behalf by a third party) by email at iste@iste.org or member@ascd.org; or (b) suspended or canceled by ISTE+ASCD in accordance with these Terms and/or any applicable Additional Terms, including for (i) provide valid, accurate, and current information in connection with our Credit Card Auto-Renewal Program, or (ii) failure to timely pay the Subscription fees or any other related fees. No refunds of Subscription fees or any other related fees will be provided for any Subscription that is canceled more than thirty (30) days after the start date of such Subscription.

IMPORTANT NOTICE – CREDIT CARD AUTO-RENEWAL PROGRAM: IF YOU ARE A PARTICIPANT IN OUR CREDIT CARD AUTO-RENEWAL PROGRAM FOR ANY SUBSCRIPTION, ISTE+ASCD WILL AUTOMATICALLY RENEW SUCH SUBSCRIPTION AT THE APPLICABLE RENEWAL DATE. YOU HEREBY AUTHORIZE ISTE+ASCD TO CHARGE YOUR CREDIT CARD ON SUCH RENEWAL DATE, UNLESS YOU TERMINATE THE APPLICABLE SUBSCRIPTION AT LEAST FOURTY-FIVE (45) BUSINESS DAYS PRIOR TO THE DATE ON WHICH YOUR CREDIT CARD IS DUE TO BE CHARGED. For additional information about our Credit Card Auto-Renewal Program, please contact ISTE+ASCD Customer Service at iste@iste.org or member@ascd.org.

If a purchase or order that is made or placed on or through the Services includes a “bundle” of a Subscription together with non-Subscription goods, services, or products, then this Section 3.4 (together with any applicable Additional Terms for such Subscription) shall apply solely to the Subscription component(s) thereof.

3.5. No Refunds. Completed orders and purchases of Services are non-refundable. Notwithstanding the foregoing, we may offer a credit, at our sole discretion, where the purchased Service is defective. Such credit is your sole remedy with respect to defective Services. We reserve the right to change our policy on refunds from time to time, at our sole discretion.

3.6. Descriptions; Availability. All features, content, specifications, and prices (if applicable) of any of the Services (whether or not for purchase) are subject to change at any time, without notice. While we attempt to be as accurate as possible in our descriptions of the Services, all such descriptions are approximate and provided for convenience only. We do not represent or warrant that such descriptions are or will be accurate, complete, reliable, current, or error-free. If a Service you have purchased is not as described, your sole remedy is to seek a credit in accordance with Section 3.4 of these Terms, explaining how and/or why the Service is not as described. We reserve the right to limit, at our sole discretion, the quantities of any Services or other products or services offered on, through, or in connection with the Services; prices therefor are subject to change at any time and may so change without notice. For availability, pricing, and other related questions, please email us at iste@iste.org or programteam@ascd.org.

3.7. Discounts. ISTE+ASCD may offer discounts from time to time. Discounts are usually limited time offers and may not be combined with any other offers. We make no representations as to how long a discount will be available or whether and for how long the applicable Service was sold at the full retail price prior to any discount being offered. You agree that a discount will only be applied to orders submitted after the discount is offered and that no discount will be applied retroactively at any time or with respect to any Service or any product or service offered on, through, or in connection with our Services.

4. CONTENT ON THE SERVICES

4.1. Content; Ownership. All materials published or available on or through the Services (including text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations – each and collectively, the “Content”) are owned or controlled by ISTE+ASCD, our licensors, and/or any third party credited as the provider of the applicable Content. The Services and Content are protected, to the fullest extent possible, by U.S. and international copyright, trademark, patent, trade secret, sui generis, and other intellectual property or proprietary rights or laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 4.2 of these Terms), create new works from, distribute, perform, display (including framing and inline linking), communicate to the public, or in any way exploit any of the Content or the Services, in whole or in part. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed on or through the Services.

4.2. Limited License. The Content is intended for your personal, non-commercial use only. Non-commercial use does not include the use of Content in connection with: (a) the development of any software program, model, algorithm, or other generative artificial intelligence (“AI”) tool, including training or using the Content in connection with the development or operation of a machine learning or AI system; or (b) providing archived or cached data sets containing Content to another person or entity. Any use that is or may be considered not non-commercial requires ISTE+ASCD’s prior written consent. Exclusively for the purposes of your personal, non-commercial use, ISTE+ASCD grants you a limited, non-exclusive, revocable, non-transferable, non-assignable, non-sublicensable license to: (i) download (for temporary storage only), display, view, use, play, and/or print the portions of the Content that ISTE+ASCD generally makes available in connection with the applicable Service(s), provided that you maintain all copyright and other notices contained in the Content; and (ii) use certain Content that we may periodically make available on the Services specifically for your use as part of your User-Generated Content (defined in Section 5.1) (“ISTE+ASCD Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the ISTE+ASCD Licensed Elements are made available on the Services or as part of an order, and provided that we, our licensors, and/or relevant third parties (as the case may be) retain full ownership of such ISTE+ASCD Licensed Elements. The foregoing limited license does not give you any ownership of (or any intellectual property or proprietary right or interest in or to) any Content, and may be immediately suspended or terminated in ISTE+ASCD’s sole discretion, without notice, for any reason, and without any liability to ISTE+ASCD. Any use of the Content other than as set forth in this Section 4.2 shall require a separate agreement with ISTE+ASCD (for more information, please email permissions@ascd.org).

5. CONTENT PUBLISHED BY USERS

5.1. User-Generated Content. The Services may allow you to submit, upload, post, transmit, link, store, share, publish, and otherwise make available (collectively, “submit”) certain information, text, graphics, videos, articles, survey or poll responses, curricula, lesson plans, ideas, feedback, submissions, or other materials (“User-Generated Content”). You are responsible for the User-Generated Content that you submit on, through, or in connection with the Services, as well as all aspects thereto or thereof, including its accuracy, completeness, legality, reliability, and appropriateness. Please note that despite the suspension or termination of an Account, any previously submitted User-Generated Content that is attributed to that Account may still be accessible on or through the Services.

By submitting any User-Generated Content on, through, or in connection with the Services, you represent and warrant that: (a) you own and/or have all legal rights in and to such User-Generated Content (including the right to grant us the rights and license therein and thereto, as provided by these Terms); (b) the submission of such User-Generated Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity; (c) you have fully complied with any third-party license terms relating to such User-Generated Content and have satisfied all terms and conditions to pass through to end-users (including ISTE+ASCD) the right to use such User-Generated Content; (d) the submission of such User-Generated Content does not violate any law; and (e) such User-Generated Content does not contain and will not install any Malicious Code. We reserve the right to terminate any Account found to be breaching or to have breached the foregoing representations and warranties.

Except as provided in Section 5.2 of these Terms, you retain any applicable rights, title, and interests (to the extent that you are entitled thereto) to any User-Generated Content you submit on, through, or in connection with the Services, and you alone are responsible for protecting those rights, title, and interests. We take no responsibility and assume no liability for any User-Generated Content submitted on, through, or in connection with the Services.

5.2. ISTE+ASCD’s License and Rights. You hereby grant ISTE+ASCD a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, unlimited, unrestricted, unconditional, sublicensable license to any User-Generated Content you submit to ISTE+ASCD, whether on, through, or in connection with the Services or otherwise. Such license includes the right for ISTE+ASCD, or any third party it designates, to copy, reproduce, record, transmit, excerpt, disclose, publish, distribute, sublicense (through multiple levels), publicly display, publicly perform, broadcast, communicate to the public, translate, create derivative works of, host, index, cache, tag, encode, modify, adapt, and otherwise use, in any form or media now known or developed at any time, any User-Generated Content you submit to us, including any User-Generated Content submitted through a third party.

You acknowledge and agree that ISTE+ASCD has the right to share User-Generated Content with third-party developers and licensees using the application programming interface (“API”) provided and licensed in connection with the Services for the purpose of providing the Services. You acknowledge and agree that any User-Generated Content you submit to ISTE+ASCD may be used, removed, edited, modified, published, transmitted, displayed, and republished through other formats by ISTE+ASCD. You waive any rights you may have in having such User-Generated Content altered, changed, and/or distributed in a manner not agreeable to you. By submitting User-Generated Content, you are consenting to its display and publication on, through, or in connection with the Services and for related online and offline promotional uses.

While ISTE+ASCD does not, cannot, and is not obligated to review or monitor every piece of User-Generated Content and is not responsible for their substance, ISTE+ASCD reserves the right to delete, move, redact, edit, or otherwise modify, at any time and without notice or other obligation or liability, any User-Generated Content submitted on, through, or in connection with the Services that ISTE+ASCD, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms of Service, or otherwise unacceptable.

Notwithstanding the foregoing, to the extent User-Generated Content is provided to, shared with, or inputted directly into any artificial intelligence (“AI”) system, such as a chat or other feature provided through the Services, ISTE+ASCD shall own all title, right, and interest in and to any such inputs and associated outputs.

Additionally, ISTE+ASCD shall have the right to (a) collect data and other information in connection with our provision, users’ use, and performance of the Services, related systems and technologies, and any aspects thereof, including User-Generated Content, (b) aggregate and/or anonymize or otherwise de-identify such data and information, and (c) use such aggregated and/or de-identified data and information in connection with the Services and other ISTE+ASCD offerings (e.g., to improve and enhance the Services and for other developmental, diagnostic, or corrective purposes) and in connection with ISTE+ASCD’s business and operations. ISTE+ASCD may sublicense User-Generated Content to third parties for academic, governmental, or other use. In such cases, steps will be taken to remove personal information from such User-Generated Content. ISTE+ASCD reserves the right to disclose, at any time and without notice or other obligation or liability, any User-Generated Content that ISTE+ASCD deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal or dispute process, or governmental request.

If you provide User-Generated Content in the form of feedback, comments, suggestions, ideas, requests, or recommendations for modifications or improvements to the Services or any aspect thereof (“Feedback”), you hereby assign to ISTE+ASCD all right, title, and interest in and to all such Feedback, including all intellectual property rights therein and thereto.

5.3. Waiver. You hereby waive any and all rights to any claim against ISTE+ASCD for any actual or alleged infringement of any intellectual property or other proprietary rights, rights of privacy or publicity, moral rights, and rights of attribution under any applicable law in connection with your User-Generated Content. You acknowledge and agree that you are not entitled to receive any compensation for any User-Generated Content you submit to ISTE+ASCD.

6. PROHIBITED USES

6.1. Prohibitions. You agree that you will not access or use, or attempt to access or use, the Services, including any ISTE+ASCD Licensed Elements, to take any action that could: (a) harm us or a third party; (b) violate any applicable laws or regulations, including export controls and sanctions; or (c) infringe our or any third party’s intellectual property or other proprietary or legal rights. Furthermore, except as expressly authorized by these Terms or any applicable Additional Terms, or as otherwise expressly permitted in writing by ISTE+ASCD, you shall not:

  • Access or use any part of the Services, Content, data, or information which you do not have permission or authorization to access or use, or for which ISTE+ASCD has revoked any such permission or authorization.
  • Reproduce, modify, adapt, translate, port, or create derivative works of all or any portion of the Services, except as expressly permitted by applicable laws, notwithstanding a contractual prohibition to the contrary (e.g., fair use under U.S. copyright law).
  • Cache or archive the Content.
  • Mirror any aspect of the Services.[GU1] [DB2]
  • Unbundle the component parts of the Services for use separate from each other or on different devices.
  • Use or access software made available as part of the Services separately from the Services.
  • License, sublicense, distribute, transmit, sell, resell, lease, rent, transfer, assign, loan, distribute, or otherwise provide or make available any portion of the Services (including any feature or functionality of the Services) to a third party.
  • Directly or indirectly export, re-export, transfer, or otherwise deliver the Services to any parties designated on the Specially Designated Nationals List maintained and administered by the U.S. Department of Treasury, Office of Foreign Assets Control, or designated on any other lists of prohibited, restricted, sanctioned, or debarred parties maintained by any U.S. government, foreign government, or international organizations.
  • Access or attempt to access the Services or its related systems or networks without authorization or by any means other than the interfaces ISTE+ASCD provides or authorizes.
  • Attempt (or encourage or support any other individual’s attempt) to decrypt, decompile, disassemble, or reverse engineer any portion or aspect of the Services, or otherwise attempt (or encourage or support any other individual’s attempt) to discover, learn, or study the structure or organization, underlying algorithms or other internals, the protocols, data structures or other externals, or the source code of the Services or any related components, except as expressly permitted under applicable laws, notwithstanding a contractual prohibition to the contrary.
  • Access or provide access to the Services in order to (i) build a competitive product or service, or (ii) copy any ideas, features, functions, or graphics of the Services or any component thereof, except as expressly permitted by these Terms.
  • Remove any copyright, trademark, confidentiality, or other proprietary rights notices from the Services, including any ISTE+ASCD Licensed Elements.
  • Use robots, spiders, scripts, service, software, or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data, or information from the Services, or otherwise use, access, or collect the Content, data, or information from the Services using automated means.
  • Use services, software, or any manual or automatic device, tool, or process designed to remove, disable, circumvent, or otherwise limit the effectiveness of any restriction, condition, or technological measure that manages, monitors, or controls access to or use of the Services, or protects our intellectual property and other proprietary rights, including overriding any security feature, bypassing or circumventing any access controls or use limits of the Services, or failing to abide by exclusionary protocols.
  • Do anything that could disable, damage, or change the functioning or appearance of the Services or Content.
  • Interfere with or disrupt the operation, performance, or integrity of the Services or Content, the servers or networks used to make the Services available, or any data contained in any of the foregoing.
  • Attempt to probe, scan, or test the vulnerability of the Services or to breach or circumvent any security or authentication measures used by the Services.
  • Do anything that imposes an unreasonable or disproportionately large load on our network or infrastructure.
  • In any way make available on or through the Services any information, content, or material that is or may be: (i) false, libelous, defamatory, fraudulent, or otherwise unlawful or tortious; (ii) threatening, intimidating, harassing, degrading, hateful, abusive, discriminatory, or that otherwise fails to respect the rights and dignity of others; (iii) obscene, indecent, pornographic, or otherwise objectionable; (iv) protected by any third-party copyright, trademark, design rights, trade secret rights, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner; (v) subject to confidentiality obligations, without the consent of the disclosing party; (vi) considered a form of unlawful solicitation or a duplicative or unsolicited message in violation of applicable laws; or (vii) Malicious Code.
  • Impersonate any other individual or entity or otherwise misrepresent your identity, affiliation, or status.

6.2. Penalties. Engaging in a prohibited use of the Services may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.

7. THIRD-PARTY CONTENT, WEBSITES, AND LINKS

The Services may provide or incorporate certain functionality that allows the routing and transmission of, and online access to, certain digital communications and content made available by third parties, including social media providers (such communications and content, “Third Party Content”). By using such functionality, you acknowledge and agree that you are instructing and permitting us to access and transmit to you Third Party Content associated with such functionality. The Services also may provide or incorporate links to other websites, services, and resources that include Third Party Content. Your access to or receipt of Third Party Content via the Services does not imply our endorsement of, or our affiliation with any provider of, such Third Party Content. Because we do not control, endorse, sponsor, recommend, or otherwise accept responsibility for any such Third Party Content, you agree that ISTE+ASCD is neither responsible nor liable for any Third Party Content, including the accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to any Third Party Content, and that ISTE+ASCD makes no representation or warranty with respect to any Third Party Content. We have no obligation to monitor, verify, censor, or edit any Third Party Content, and we may block or disable access to any Third Party Content (in whole or part) via the Services at any time, in our sole discretion, without notice. Furthermore, your access to, use of, and engagement with Third Party Content will be governed by the terms and conditions and privacy policies set by the providers of such Third Party Content. We encourage you to read and familiarize yourself with the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. Any questions or concerns regarding Third Party Content should be directed to the applicable provider(s) of such Third Party Content. You agree that your access to, use of, or engagement with Third Party Content is at your own risk and is subject to the terms and conditions of service or use applicable to such Third Party Content. You agree that ISTE+ASCD is not responsible for such risks and hereby release and hold us harmless from any and all liability arising from your access to, use of, or engagement with any Third Party Content.

Your interactions with entities and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such entities and/or individuals. You agree that interactions, transactions, or engagements (whether online, offline, or in connection with the Services) with any such entities and/or individuals are at your own risk. You should conduct whatever due diligence or investigation you feel is necessary or appropriate before proceeding with any online or offline transaction with any such entities and/or individuals. You agree that ISTE+ASCD will not be responsible or liable for any loss or damage of any sort that you incur as the result of any such dealings.

8. LINKS TO ISTE+ASCD SERVICES

We encourage links to our Services for noncommercial, informational, and educational purposes. By linking to any of our Services, you agree that:

  • You will not use the link to promote the sale of any goods, services, or causes; to suggest endorsement by ISTE+ASCD of any goods, services, or causes; or otherwise to misrepresent your relationship with ISTE+ASCD.
  • Your link will be in text only. You may not use any ISTE+ASCD logos, trademarks, or mastheads, unless we have permitted such use under a written agreement with you.
  • You will not mirror the homepage (or any other pages) of any of our Websites or frame the content of any Website or Service, in whole or in part, on your website.
  • You will not present the content appearing on the applicable Service as your own.
  • You will not provide a link to any of our Services in any context containing content that may be interpreted as libelous, obscene, harassing, or criminal, or which may infringe or is in violation of the rights of any third party.
  • ISTE+ASCD will not be liable for any damages or claims arising as a result of your link to any of our Services.
  • ISTE+ASCD reserves the right to terminate or block any links to a Service, at any time, in its sole discretion, and you agree to remove your link upon ISTE+ASCD’s request.

9. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITIES

9.1. Representations and Warranties. You represent and warrant that: (a) no content or materials of any kind that you submit to us will: (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights, or (ii) contain libelous or otherwise unlawful material; and (b) you are at least the age of majority under applicable law.

9.2. Indemnification. You hereby indemnify, defend, and hold harmless ISTE+ASCD and all officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of, relating to, or in connection with: (a) any breach or alleged breach by you (or any user of your Account) of these Terms of Service or any applicable Additional Terms, or any of the representations and warranties made by you herein or therein; (b) your access to, use of, engagement with, or activities in connection with the Services; (c) information, material, or content transmitted through your device (including your User Generated Content), even if not submitted by you, including any claim that such information, material, or content infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any individual or entity; (d) ISTE+ASCD’s use of or reliance on any information submitted by you or on your behalf to ISTE+ASCD; (e) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your access to, use of, engagement with, or activities in connection with the Services; and (f) your gross negligence or willful misconduct. You agree to cooperate as fully as reasonably required in the defense of any such claim. ISTE+ASCD reserves the right, at its own expense, to assume the exclusive defense and control of any claim. ISTE+ASCD retains the exclusive right to settle, compromise, and pay any and all claims.

9.3. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES AND ANY GOODS, PRODUCTS, OR SERVICES MADE AVAILABLE ON, THROUGH, OR IN CONNECTION WITH THE SERVICES ARE PROVIDED, DISTRIBUTED, AND/OR MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ISTE+ASCD EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES AND ANY GOODS, PRODUCTS, OR SERVICES OBTAINED OR MADE AVAILABLE ON, THROUGH, OR IN CONNECTION WITH THE SERVICES (INCLUDING THIRD-PARTY CONTENT, PRODUCTS, AND SERVICES) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH ACCESS TO AND USE OF THE SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, RELIABILITY, VALIDITY, TIMELINESS, OR USEFULNESS OF ANY CONTENT OR MATERIALS AVAILABLE ON, THROUGH, OR IN CONNECTION WITH THE SERVICES. ACCORDINGLY, THE ISTE+ASCD PARTIES (AS HEREINAFTER DEFINED) DISCLAIM ALL WARRANTIES WITH RESPECT TO THE ACCURACY, COMPLETENESS, RELIABILITY, VALIDITY, TIMELINESS, AND USEFULNESS OF ANY CONTENT OR MATERIALS AVAILABLE ON, THROUGH, OR IN CONNECTION WITH THE SERVICES. WHILE WE TRY OUR BEST TO ENSURE THAT THE SERVICES ARE ALWAYS AVAILABLE, UP-TO-DATE, AND CORRECT, ISTE+ASCD EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, FREE OF HARMFUL COMPONENTS, OR ERROR-FREE, AND THAT ANY DEFECTS WILL BE REPAIRED.

Some jurisdictions limit or do not permit the disclaimer of implied or other warranties. As such, the above disclaimers may not apply to you to the extent such jurisdictions’ laws are applicable.

9.4. LIMITATION OF LIABILITY. IN NO EVENT SHALL ISTE+ASCD AND ITS AFFILIATES AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, DATA SUPPLIERS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “ISTE+ASCD PARTIES”) BE RESPONSIBLE OR LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY THIRD PARTY, IN CONNECTION WITH ANY ASPECT WHATSOEVER OF YOUR ACCESS TO, USE OF, OR ENGAGEMENT WITH ANY COMPONENT OF THE SERVICES, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, LOST REVENUES, LOST GOODWILL, OR COMPUTER FAILURE OR MALFUNCTION (COLLECTIVELY, THE “EXCLUDED DAMAGES”). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE ISTE+ASCD PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE ISTE+ASCD PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL THE ISTE+ASCD PARTIES’ TOTAL LIABILITY TO YOU FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR ENGAGEMENT WITH THE SERVICES AND/OR YOUR RIGHTS UNDER THESE TERMS EXCEED, IN THE AGGREGATE, THE AMOUNT EQUAL TO THE AMOUNT YOU PAID ISTE+ASCD IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S) DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE TIME SUCH LOSSES OR DAMAGES WERE INCURRED.

9.5. WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF. IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR ENGAGEMENT WITH THE SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES ARE NOT IRREPARABLE OR OTHERWISE SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER LEGAL ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, ISTE+ASCD CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ISTE+ASCD OR A LICENSOR OF ISTE+ASCD.

10. TERMINATION; SURVIVAL

You may terminate your ISTE+ASCD Account under your Account’s settings, or by emailing us at iste@iste.org or member@ascd.org. ISTE+ASCD may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including for a breach of these Terms of Service. The provisions of these Terms of Service will survive the termination of your Account and your access to all or part of the Services.

11. GOVERNING LAW; DISPUTE RESOLUTION; WAIVER OF CLASS ACTIONS

11.1. Governing Law. These Terms of Service have been made and will be construed and enforced in accordance with the laws of the United States of America and the Commonwealth of Virginia, without regard to their conflict of law provisions, as an agreement wholly performed in the Commonwealth of Virginia.

11.2. Arbitration Agreement. Certain portions of this Section 11 are deemed to be a “written agreement to arbitrate” (the “Arbitration Agreement”) pursuant to the Federal Arbitration Act (the “FAA”). You agree that such portions of this Section 11 are intended to, and do, satisfy the “written agreement” requirement of the FAA.

11.3. Binding Arbitration. You and ISTE+ASCD agree that, except for (a) claims related to intellectual property and (b) any claims that may be brought in small claims court, where the amount in controversy is properly within the jurisdiction of such court (collectively, the “Excluded Claims”), any controversy, allegation, or claim arising out of, relating to, or in connection these Terms of Service, your access to, use of, or engagement with any of the Services, or any aspect of the relationship between you and ISTE+ASCD (including ISTE+ASCD’s collection, storage, use, and disclosure of information pursuant to ISTE+ASCD’s Privacy Policy), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (collectively, the “Covered Claims”), will be resolved by binding arbitration. YOUR AGREEMENT TO ARBITRATE MEANS THAT FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY. INSTEAD, YOU ARE ONLY ENTITLED TO A HEARING BEFORE A NEUTRAL ARBITRATOR.

11.4. WAIVER OF CLASS ACTIONS. YOU AND ISTE+ASCD AGREE THAT EACH PARTY MAY BRING DISPUTES RELATING TO BOTH COVERED CLAIMS AND EXCLUDED CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION. The foregoing does not prevent you or us from participating in a class-wide settlement of claims.

11.5. Conduct of Arbitration; Governing Rules. Arbitrations for any disputes between you and ISTE+ASCD relating to the Covered Claims will be administered by the American Arbitration Association (the “AAA”) in accordance with its then-current Commercial Arbitration Rules (the “AAA Rules”). Virginia law applies to any arbitration under this Section 11, but the parties agree that the FAA governs the interpretation and enforcement of the portions of this Section 11 that constitute the Arbitration Agreement.

Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall be final and binding. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Covered Claim is submitted to arbitration. Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in Arlington, Virginia.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except: (a) if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys’ fees, associated with that claim; or (b) if the AAA Rules or other applicable rules or laws require ISTE+ASCD to pay a greater portion or all arbitration-related fees and costs in order for the Arbitration Agreement contained in this Section 11 to be found enforceable, then ISTE+ASCD will have the right to elect to pay the fees and costs, such that the claim may proceed to arbitration.

If a party properly submits a Covered Claim to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by JAMS or any other arbitration administration service to which you and ISTE+ASCD agree in writing.

11.6. Negotiation; Mediation. Prior to initiating arbitration for a Covered Claim, both parties agree that they will provide written notice of the potential claim to the opposing party, setting forth: (1) the factual and legal basis for the claim; (2) contact information for the potential claimant and their counsel, if any; and (3) the remedies sought, including the amount of claimed monetary damages (the “Notice”). Following receipt of the Notice by the opposing party, the parties shall, for at least sixty (60) days, consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties (“Negotiation”). If the claim cannot be settled through Negotiation within the sixty (60) day period, then, upon written notice by either party to the other, the parties shall make a good faith effort to settle the dispute by mediation administered by the AAA under its Commercial Mediation Procedures (“Mediation”) before resorting to more formal means of resolution, such as arbitration or any court action. Notice of a claim to ISTE+ASCD should be mailed to ISTE+ASCD, Attention: Legal, 2111 Wilson Blvd, Ste 300, Arlington, VA, 22201. The informal dispute resolution process set forth in this Section 11.6 is a prerequisite and condition precedent to commencing any formal, binding dispute resolution proceeding. Notwithstanding the foregoing, either party may, upon written notice to the other party, opt not to engage in Negotiation and/or Mediation. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process. Any claim or cause of action arising out of or related to a Covered Claim must be filed within one (1) year after such claim or cause of action arises or be forever barred.

11.7. Opt-Out. You have the right to opt out and not be bound by the Arbitration Agreement contained in this Section 11 by mailing a written notice of your decision to opt out to ISTE+ASCD, Attention: Legal, 2111 Wilson Blvd, Ste 300, Arlington, VA, 22201. The notice must be sent within thirty (30) days of your first use of the Services. Otherwise, you will be bound to arbitrate disputes in accordance with the terms of the Arbitration Agreement. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law. If you opt out of the Arbitration Agreement, ISTE+ASCD will also not be bound by it.

11.8. Excluded Claims; Other Litigation. For litigation regarding Excluded Claims and any other controversy or claim for which arbitration is denied, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in Arlington, Virginia.

11.9. Survival. All provisions of this Section 11 will survive termination of these Terms of Service, your relationship with ISTE+ASCD, your Membership, Subscription, or Account, or your access to, use of, or engagement with the Services.

12. PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT

12.1. DMCA Notice. If you own a copyright in a work (or represent the copyright owner of such work) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Services, then you may send a “DMCA Notice” to ISTE+ASCD’s Copyright Agent (see 17 U.S.C. § 512(c)(3) for more information). Your DMCA Notice must be in writing and include all of the following:

  • A subject line that reads: “DMCA Copyright Infringement Notice”;
  • A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the content or material that you claim is infringing or is the subject of infringing activity is located (e.g., provide the URL of the Services on which the content or material appears);
  • Your full name, address, telephone number, email address, and any other information reasonably necessary to permit us to contact you;
  • A statement by you that you have a good faith belief that the use of the content or material at issue is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that all of the information in your DMCA Notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Any DMCA Notice may be forwarded to the individual who provided the allegedly infringing material. That individual may elect to send us a DMCA Counter-Notification (as defined and described below).

12.2. Counter-Notification. If, as a result of a DMCA Notice, any material that you have submitted on or through the Services is removed from the Services or access on the Services to such material is disabled, and you believe that such removal or disabled access is in error, you may send a “DMCA Counter-Notification” to ISTE+ASCD’s Copyright Agent (see 17 U.S.C. § 512(g) for more information). Your DMCA Counter-Notification must be in writing and include all of the following:

  • A subject line that reads “DMCA Counter-Notification”;
  • Your physical or electronic signature;
  • A description of the content or material that has been removed or to which access has been disabled, and the location at which the content or material appeared before it was removed or access to it was disabled (e.g., provide the URL of the Services from which the content or material was removed or access to it disabled);
  • A statement under penalty of perjury that you have a good faith belief that the content or material was removed or disabled as a result of mistake or misidentification;
  • Your full name, address, telephone number, email address, and Account username (if you have an ISTE+ASCD Account); and
  • A statement that you consent to the jurisdiction of the Federal District Court for the Eastern District of Virginia, and that you will accept service of process from the individual who provided the originating DMCA Notice to ISTE+ASCD or an agent of such person.

Any DMCA Counter-Notification may be forwarded to the party who sent us the corresponding DMCA Notice. If we receive a DMCA Counter-Notification, we may restore the content or material that we had removed or reenable access to it after fourteen (14) business days have passed following our receipt of the DMCA Counter-Notification. However, if we first receive notice that the party who sent the DMCA Notice has filed a lawsuit, requesting an order to enjoin the alleged infringer from engaging in infringing activity on the Services in connection with the content or material at issue, we will not restore the impugned content or material on the Services or reenable access thereto.

12.3. Mail; Fax; Email. DMCA Notices and Counter-Notifications should be directed to:

Darren Bailey
c/o ISTE+ASCD
2111 Wilson Boulevard, Suite 300
Arlington, VA 22201 USA
Fax: 541-302-3778
Email: dmca@iste.org

13. MISCELLANEOUS

13.1. Applicable Law. These Terms and any applicable Additional Terms are governed by and shall be construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflicts of law provisions.

13.2. Severability; Interpretation. If any provision of these Terms or any applicable Additional Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, such provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of such provision will not affect the validity or enforceability of the remaining provisions of these Terms or the applicable Additional Terms, which will remain in full force and effect. These Terms and any applicable Additional Terms shall not be construed against the drafter. Wherever used in these Terms and any applicable Additional Terms, the words “include” and “including” shall be deemed to be followed by the words “without limitation.” Section headings are provided for convenience only and in no way define or explain any section or provision hereof.

13.3. Investigations; Termination; Survival. ISTE+ASCD reserves the right to: (a) investigate any suspected breaches of the Services’ security or its information technology or other systems or networks; (b) investigate any suspected breaches of these Terms and any applicable Additional Terms; (c) investigate any information obtained by ISTE+ASCD in connection with reviewing law enforcement databases or complying with criminal laws; (d) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (e) prosecute violators of these Terms and any applicable Additional Terms; and (f) discontinue one or more Services, in whole or in part, or, except as may be expressly set forth in any applicable Additional Terms, suspend or terminate your access to one or more Services, in whole or in part, including any user Accounts or registrations, at any time, without notice, for any reason, and without any obligation or liability to you or any third party. Any suspension or termination will not affect your obligations to ISTE+ASCD under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Services, or upon notice from ISTE+ASCD, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of and engagement with the Services. The provisions of these Terms and any applicable Additional Terms which by their nature should survive your suspension or termination shall survive, including the rights and licenses you grant to ISTE+ASCD in these Terms, as well as the indemnities, releases, disclaimers, and limitations of liability, and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

13.4. Assignment. ISTE+ASCD may assign its rights and obligations under these Terms, the Privacy Policy, and any applicable Additional Terms, in whole or in part, to any party, at any time, without notice. You may not assign these Terms or any applicable Additional Terms or delegate any of your obligations hereunder and thereunder, without ISTE+ASCD’s prior written consent.

13.5. No Waiver. Except as expressly set forth in these Terms or any applicable Additional Terms, no failure or delay by ISTE+ASCD in exercising any rights, powers, or remedies under these Terms or any applicable Additional Terms will operate as a waiver of that or any other right, power, or remedy. No waiver or modification of any provision of these Terms or any applicable Additional Terms will be effective, unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

13.6. Correspondence; Customer Support. When you communicate with us electronically, such as via email or text message, you consent to receive communications from us electronically. Please note that we have no obligation to respond to any correspondence that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you have a question about the Services or otherwise require support in connection with your use of the Services, you may contact ISTE+ASCD Customer Support via email at iste@iste.org or member@ascd.org. You agree that the provision of customer support is at ISTE+ASCD’s sole discretion and that we have no obligation to provide you with customer support of any kind.

13.7. Notices. You agree that: (a) we may notify you of important matters, including any material modification of these Terms, by prominently posting notice in an appropriate location on the Services or in any other reasonable manner; and (b) we may contact you by mail or email at the mailing and electronic addresses provided by you. ISTE+ASCD may give notice by written communication sent by first-class or prepaid mail or by email. Any such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing by first-class or prepaid mail, or twelve (12) hours after sending by email. You may give notice to ISTE+ASCD, which shall be deemed to have been given upon receipt by ISTE+ASCD, at any time by written communication delivered by a nationally recognized overnight delivery service or by first-class or prepaid mail to:

ISTE+ASCD
2111 Wilson Boulevard, Suite 300
Arlington, VA 22201 USA

13.8. Call Monitoring and Recording. For quality assurance, we may record and/or monitor both our incoming and outgoing calls. You consent to any and all call recording and/or monitoring performed by us, including our employees and affiliates, and any third party designated by us to perform such recording and/or monitoring.

13.9. Entire Agreement. These Terms of Service, together with any applicable Additional Terms or policies referred to herein, comprise the entire agreement between you and ISTE+ASCD relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and ISTE+ASCD relating to such subject matter.