These Standard Terms of Service and License (the “Standard Terms”) govern a Member’s (as defined below) access, use, and purchase of Mystery Science and Mystery Writing applications, services, and membership (collectively “Mystery”), which are owned and operated by Discovery Education, Inc. (“Discovery”). These Standard Terms apply whether the Member accesses Mystery through software applications or the website (the “Services”). The Standard Terms also govern the Member’s use of the Services during any trial or pilot period (the “Trial”). These Standard Terms apply to any Order Form (as defined below) Discovery issues to the Member to provide access to the Services listed in the Order Form and to Member’s use of those Services. These Standard Terms supersede all other prior and contemporaneous agreements, negotiations, communications, or understandings, oral or written, with respect to the subject matter hereof. In no event shall the terms and conditions of any other purchase order or agreement amend or modify the terms and conditions of these Standard Terms.

Paid Memberships. Full, continuous access to the Mystery curriculum and lesson plans is only available with a paid membership (i.e., a subscription), which may not be reassigned, transferred, resold, or sublicensed without Discovery’s prior written consent. Limited access to the Mystery curriculums and lesson plans is available for free. School or district memberships may be purchased by the entity (“Member”) listed in the Order Form (as defined below) on a per site basis as indicated in an applicable Order Form, which entitles all of the teachers and staff (each, a “User”) at that site to create individual accounts which they may use to access the Services from anywhere on an unlimited number of devices. Homeschool memberships are for a single parent (also a “Member”) to use at home. Discovery may memorialize the sale of a membership using an Order Form, Storefront Quote, Credit Card Receipt, or Purchase Order, each of which shall be referred to as an “Order Form.”

Grant of License. Subject to the terms and conditions set forth herein, Discovery grants to Member, and in the case of a Member that is a school or a district, Member’s authorized educators, teachers, staff, and administrators employed by Member or enrolled in Member’s program, as listed in the applicable Order Form (the “Users”), for the term stated on the applicable Order Form (“Term”), a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to access the Services and any and all content included therein (the “Content”), and to stream the Content pursuant to the terms and conditions set forth in the Standard Terms. Discovery may, in its sole discretion, make changes to the Services and/or the Content. All rights not expressly granted to Member and its Users or Invited Users (as defined below) pursuant to the Standard Terms are reserved to Discovery, and all uses of the Content by Member and its Users not expressly permitted herein are prohibited.

Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted with those features. Discovery reserves the right, at any time, to modify, suspend, or discontinue the Services (or any portions of them). Member and Users and Invited Users (as defined below) agree that Discovery shall not be liable to them or to any third party for any modification, suspension, or discontinuation of the Services (or any portions of them).

Permitted Uses. Member and its Users and Invited Users (as defined below) may use the Services and the Content for bona fide educational and research purposes only. For avoidance of doubt, Member and its Users and Invited Users shall not use or access such Services or Content for any commercial, for-profit, or non-instructional purposes, including but not limited to, user testing, product evaluation, or product reviews on behalf of non-Members or third parties. Discovery reserves the right, in its sole and absolute discretion, to limit Member’s and/or any Users’ and Invited Users’ use of the Services in the event that Discovery, in its sole and absolute discretion, deems Member’s and/or such Users’ and Invited Users’ use thereof to be inconsistent with these Standard Terms.

Downloading of Content. Members may use the Content for noncommercial instructional use, but Members and Users may not edit, modify, or download images, audio or video files, videos, or video clips. Such viewing and use of the Content shall be for individual Member and User convenience only, and Members, Users, and Invited Users may not (1) systematically download any of the Content, (2) create distribution “libraries;” (3) transfer, display, or exhibit any of the Content to any third party other than Users or Invited Users; or (4) sell or rent any of the Content to any third party. In the course of using any Content as permitted hereunder, Member, and its Users may not make the Content, or any part thereof, available to any party who is not a Member or a User, except as permitted herein. Members, Invited Users, and Users must delete, destroy, or erase all Content and any copies thereof after use or expiration of the Term, whichever occurs first.

Creating an Account. In most cases, the Services may only be used if the Member or User has an account with Discovery. By creating an account, the Member or User represents that: (a) all required information provided is truthful and accurate; (b) the Member or User is of legal age to agree to these Standard Terms; and (c) the Member's or User's use of the Services does not violate any applicable law or regulation or these Standard Terms. When creating an account, the Member or User will be asked to choose a username and a password for the account, or they may use any other online account supported by Discovery. The Member or User may not use a username or user profile that is used by someone else or that violates these Standard Terms. Discovery reserves the right to reclaim any username that is inconsistent with or violates these Standard Terms.

Account Responsibilities. Member acknowledges and agrees to ensure that Member and its Users sign up for their own accounts and agree to, and comply with, these Standard Terms when they access and use the Services. Each User shall have a valid username and password and in certain circumstances, passcode and IP authentication, for the purpose of accessing the Services and the Content (the “Log-In Information”). Member and its Users must keep all Log-In Information strictly confidential, and all Log-In Information may be used only by the assigned User. Member and its Users are responsible for maintaining the security and confidentiality of all Log-In Information, and for preventing access to the Services and/or the Content by unauthorized persons using a User’s Log-In Information. Unauthorized access to or use of the Services and/or the Content by someone using a User’s Log-In information may be attributed to such User and is prohibited by these Standard Terms. Member acknowledges that Discovery may require access to Member’s systems to perform single sign-on integration services to facilitate User access to the Service(s) and Content. Member hereby grants to Discovery a limited license to access such systems.

Student Access. The Services are intended for use primarily by teachers, parents, and other educational service providers. Anyone under 18 (“Students”) may not access the Services directly themselves. Rather Students may receive temporary access and use of the Services only with the consent or involvement of their parent or legal guardian, where Students access and use the Services by utilizing an anonymous student link provided by an educator, parent, or legal guardian, or by using their parent’s or guardian’s account. Member hereby acknowledges and agrees that it is solely and exclusively responsible for: (a) obtaining all consents as may be required by data protection laws for Students to gain temporary access to the Services and Content via the anonymous student link, and (b) ensuring that Students comply with these Standard Terms when they access and use the Services.

Invited Users. As part of the Services, Discovery may allow the Member or User to create and share a link to certain limited Content and features within the Services to grant other individuals (“Invited Users”) temporary access to such Content and features. Member hereby acknowledges and agrees that it is solely and exclusively responsible for ensuring that its Invited Users comply with these Standard Terms when they access and use the Services.

Privacy. Discovery’s processing of personal information (i.e., information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person) is described in Discovery’s Privacy Notice located at https://www.discoveryeducation.com/legal/privacy/privacy-policy/. Discovery will process personal information in accordance with the provisions of Discovery’s Data Processing Addendum located at https://www.discoveryeducation.com/Data-Protection-Addendum, which is incorporated and made part of these Standard Terms. All data will be collected, stored, and processed in the United States.

Export Controls. Discovery controls and operates its sites from Discovery’s offices in the United States of America. Discovery does not represent that materials on its sites are appropriate or available for use in other locations. Persons who choose to access Discovery’s sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Standard Terms waive their respective rights to a trial by jury. Member agrees that its licensed use of the Services is for its own use, not for resale, export, re-export, or transfer. Member’s purchase is subject to, and Member is responsible for, compliance with the export control and economic sanctions laws of the United States and other applicable jurisdictions (“Export Laws”). Member’s license to the Services may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to the Export Laws.

Fees. Discovery charges fees for the use of certain products or services, and for access and use of certain content and features on the Services, which are described in the Services. These fees can change at any time. By selecting the Services, Member agrees to pay the applicable fees on or before the due date. Member represents and warrants that it has the legal right to use all payment method(s) it provides to Discovery. Discovery may invoice the Member for any fees due. Member shall remit payment to Discovery within 30 days of receiving Discovery’s invoice. Or the Member may choose to pay the fees by credit or debit card. In the event Member elects to pay such fees with a credit card or debit card, Member: (a) agrees to timely pay the applicable fees; (b) authorizes Discovery (or Discovery’s third-party payment processor) to charge Member’s debit card or credit card for such purchases; and (c) authorizes Discovery to charge Member a convenience fee. Discovery reserves the right to assess vs account any fees due and Member agrees to timely pay the applicable fees assessed to its account. Member’s failure to pay the fees in accordance with these Standard Terms shall constitute a material breach. All fees paid by Member are final, non-cancelable, and non-refundable. Canceling the Services does not entitle the Member to a refund, partial credit, or relieve the Member of any remaining payment obligations for the remainder of the Term of the Services on the applicable Order Form.

Shipping. If Member’s purchase includes Mystery Packs, described at https://mysteryscience.com/packs, then this section applies. Mystery Packs are shipped domestically within the United States of America only. Mystery Packs are shipped F.O.B. origin. Member is responsible for the shipping and handling fee listed on the invoice. If Mystery Packs are returned for any reason, Member shall pay Discovery the cost of restocking and shipping back the Mystery Packs. Discovery will replace missing or damages items if Member notifies Discovery within 30 days of delivery of the Mystery Pack. If such notification occurs after the 30 days, Member must cover the costs associated with replacing missing or damaged items. All fees Member pays for Mystery Packs and shipping are final and non-refundable.

Links to Other Sites. The Services may contain links to websites, content, or services provided by other companies (“Third Party Links”). Third Party Links are not under Discovery’s control and Discovery is not responsible for Third Party Links. Discovery is providing these Third Party Links to Member only as a convenience, and the inclusion of any Third Party Link does not imply endorsement by, or affiliation with Discovery. MEMBER’S USE OF THIRD PARTY LINKS IS AT ITS OWN RISK AND IS SUBJECT TO ANY TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD PARTY LINKS. Discovery reserves the right to remove any Third Party Links at any time.

Prohibited Conduct. Except as expressly set forth herein, Member and its Users and Invited Users agree to refrain from initiating, engaging in, or encouraging any Prohibited Conduct in connection with its use of the Services. “Prohibited Conduct” includes: (a) copying, adapting, reproducing, altering, modifying, transmitting, transferring, performing, exploiting, creating derivative works of, publishing, sub-licensing, reselling, or allowing resale through a third-party, distributing, or circulating the Services, the Content, or any portion thereof; (b) modifying, disassembling, decompiling, reverse engineering, or attempting to gain access to the underlying technology of the Services or any portion thereof, or using a robot, spider, or any similar device to copy or catalog the Content or any portion thereof; (c) uploading or transmitting harmful software, content, or code intended to disrupt or damage the Services, Mystery, its servers, or Users; (d) attempting to and/or overloading, impairing, interfering with, or disrupting any computer, network or system used to provide or support the Services; (e) restricting or inhibiting any other User from using or enjoying the Services; (f) transmitting harassing, libelous, obscene, bullying, or otherwise unlawful material; (g) impersonating another person or representing yourself as affiliated with Discovery, its staff, or partners; (h) soliciting passwords, account information or other personal information from other Users; (i) conducting commercial activities and/or promotions or advertisements (unless approved by Discovery in writing); (j) sharing Member’s and User’s account, Log-In Information, username, or passwords with any other individual or making the foregoing available to any other individual; (k) using the Services for fraudulent purposes or in a manner that violates applicable laws and regulations or otherwise creating liability for Discovery, including anti-spam, intellectual property, privacy, and child protection laws; and (l) taking any actions, whether intentional or unintentional, that may circumvent, disable, damage, or impair the Services or the Content’s control or security systems, or allowing or assisting a third party to do so.

Prohibited Content. Member and its Users and Invited Users shall not post, exchange, make available, provide, or process any Prohibited Content. Examples of “Prohibited Content” include, but are not limited to, sexually explicit material; hate speech or discriminatory language; political advocacy or partisan content; the promotion of firearms or weapons; and any content involving illegal activities or unlawful conduct. “Prohibited Content” also includes any content that (a) is offensive or promotes racism, bigotry, or physical harm of any kind against any group or individual; (b) bullies, defames, harasses, or advocates stalking of, or intimidates another person; (c) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, or “spamming;” (d) is false or misleading; (e) promotes, endorses, or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) infringes another person’s content or rights without a license to do so; (g) promotes, copies, performs, or distributes an illegal or unauthorized copy of another person’s work, whether it is protected or not, such as, presenting the work of a third party as Member’s, Invited User’s, or User’s own (plagiarism); (h) contains viruses, malware, or similar destructive software; or (i) otherwise violates these Standard Terms or creates liability for Discovery.

Enforcement by Discovery. Discovery reserves the right, in its sole and absolute discretion to: (a) restrict or prevent access to activities or suspected activities that involve security breaches, hacking, distributed denial of service attacks, or uploading a virus, Trojan horse, time bomb, unauthorized application, or any other harmful form of programming or vandalism; (b) limit Member’s and/or any Users’ (including Invited Users) access and/or use of the Services and/or Content (including suspending or terminating the account) in the event that Discovery, in its sole and absolute discretion, deems Member’s and/or such Users’ or Invited User’s use thereof to be inconsistent with these Standard Terms; (c) review and delete or modify any content Members, Invited Users, or Users post on the Services for any reason, including if Discovery believes, in Discovery’s sole judgment, that such content violates these Standard Terms or is Prohibited Content, or that Discovery believes constitutes or promotes Prohibited Conduct or otherwise threatens the safety of, or harms any other person, or creates liability for Discovery or any other person; (d) investigate and take appropriate action, including removing content from the Services or modifying it, suspending or terminating your account, suspending or terminating the provision of the Services to Member, and reporting the Member, Invited User, or User to law enforcement authorities, if the Member, Invited User, or User violates any provision of these Standard Terms. Discovery may access and disclose any information or content Discovery considers necessary or appropriate, including account information (i.e., name, e-mail address, etc.), IP address and traffic information, usage history, content, and conduct to: (a) cooperate with governmental requests, subpoenas, or court orders, (b) protect Discovery’s systems, service providers, partners, and other users, or (c) ensure the integrity and operation of Discovery’s business and systems.

Ownership. As between Member, the Users, Invited Users, and Discovery, the Services and the Content are the property of Discovery, including the underlying software and technology, and they are protected by United States and international copyright, trademark, and intellectual property law. By using the Services and the Content, even as permitted hereunder, neither Member nor any of its Users or Invited Users gain any ownership interest in the Services or the Content. If Member, Invited User, or User provides any suggestions, ideas, feedback, or recommendations to Discovery regarding the Services or any content in the Services (“Feedback”), Member, Invited User, or User gives Discovery a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit that Feedback for any purpose and without any further obligation. Discovery shall have no obligation to use Feedback, and the Member or User shall have no obligation to provide Feedback.

Confidentiality. Discovery understands that government entities, such as Member, may be required to disclose information pursuant to applicable open records acts. Prior to any such disclosure, Member shall make any claim of privilege that may be applicable to prevent such disclosure and shall make reasonable efforts to give Discovery reasonable prior notice and a reasonable opportunity to resist such disclosure. In all other respects, all provisions of these Standard Terms and materials provided by Discovery which are designated as confidential or should reasonably be presumed to be treated as confidential (“Confidential Information”) shall be kept strictly confidential by Member and may not be disclosed without prior written consent, except for any disclosure required by any order of a court or governmental authority with jurisdiction over Member.

Audits. Discovery shall have the right to audit the Member’s and each User’s and Invited User’s use of the Services at any time. Any such audit may include, but is not limited to, Discovery’s examination of the number of Members, Invited Users, and Users using the Services, details of log-in attempts and use of the Log-In Information. Member shall be required to disclose to Discovery any information requested in connection with any such audit no later than 2 business days following such request.

Termination. If a Member or User (including Invited User) is using the Services under a paid membership, their account and access to the Services will terminate automatically and immediately at the end of the subscription Term set forth on the applicable Order Form, unless they execute a new Order Form, as applicable, for the Services with Discovery.

Member may terminate its account at any time by deactivating the account or by providing written notice of termination to Discovery. Upon expiration or termination of the Member’s or any User’s (including Invited User’s) account or the Standard Terms, all rights and licenses granted herein shall revert to Discovery; all access to and use of the Services and the Content by Member and any of its Users and Invited Users must cease; and all materials downloaded from the Services by Member or any of its Users and Invited Users must be erased, deleted, or destroyed.

In the event that Member or any of its Users or Invited Users violate or breach any term of the Standard Terms, Discovery may immediately and without notice, terminate or suspend, in whole or in part, the Member’s or violating Invited User’s or User’s account or access to the Services, and/or the Order Form or Standard Terms.

USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED AS IS, AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THESE STANDARD TERMS, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. DISCOVERY DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE WEBSITE(S) OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DISCOVERY OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF DISCOVERY’S OBLIGATIONS HEREUNDER, AND MEMBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

Use of Materials is at Your Own Risk. As part of the Services, Discovery may recommend the use of certain materials and supplies (“Materials”). Such Materials are typically found in classrooms or commonly available, but they may also be supplied by Discovery.

TO THE EXTENT PERMITTED BY LAW, MEMBER AND ITS INVITED USER AND USERS RELEASE AND WAIVE ALL CLAIMS (WHETHER KNOWN OR UNKNOWN) AGAINST DISCOVERY, ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS OR CONTENT PROVIDERS, AND THE DIRECTORS, TRUSTEES, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THE FOREGOING, FROM ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES ARISING OUT OF USER’S AND INVITED USER’S USE OF THE SERVICES, THE CONTENT, AND MATERIALS (WHETHER OBTAINED BY MEMBER OR SUPPLIED BY DISCOVERY). CALIFORNIA RESIDENTS WAIVE ANY RIGHTS THEY MAY HAVE UNDER SEC.1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

LIMITATION OF LIABILITY. IN NO EVENT SHALL DISCOVERY BE LIABLE TO MEMBERS, ITS INVITED USERS AND USERS, OR ANY THIRD PARTY FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE, LOST REVENUE, OTHER ECONOMIC LOSS, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCOVERY’S RESPONSIBILITY FOR DEFECTIVE MYSTERY PACKS IS LIMITED TO REPLACEMENT AS DESCRIBED IN THESE STANDARD TERMS, AND DISCOVERY’S LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY MEMBER FOR THE MYSTERY PACKS THAT MEMBER PURCHASED, NOR WILL DISCOVERY UNDER ANY CIRCUMSTANCES BE LIABLE TO MEMBER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DISCOVERY’S AGGREGATE LIABILITY WITH RESPECT TO ANY MATTERS WHATSOEVER ARISING UNDER OR IN CONNECTION WITH THESE STANDARD TERMS WILL EXCEED THE LESSER OF: (A) THE TOTAL FEES THE MEMBER HAS PAID TO DISCOVERY UNDER THE STANDARD TERMS WITHIN THE SIX-MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE; OR (B) $100.00.

THE FOREGOING LIABILITY IS CUMULATIVE WITH ALL PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THE STANDARD TERMS BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT.

INDEMNIFICATION. TO THE EXTENT PERMITTED BY LAW, MEMBER AND ITS INVITED USERS AND USERS SHALL DEFEND, INDEMNIFY AND HOLD DISCOVERY, ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS OR CONTENT PROVIDERS, AND THE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THE FOREGOING, HARMLESS AGAINST AND FROM ANY AND ALL CLAIMS, DISPUTES, DEMANDS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR CONNECTED WITH MEMBERS’ OR ANY OF ITS USERS’ AND INVITED USERS’ (A) ACCESS TO OR USE OR ALLEGED USE OF THE SERVICES OR ANY MATERIALS; (B) VIOLATION OF ANY OF THESE STANDARD TERMS, (C) ANY DOWNLOADING OF THE CONTENT, (D) ANY MODIFICATION OR EDIT MADE TO ANY PORTION OF THE CONTENT, OR (E) THE USE OF ANY PORTION OF THE CONTENT WITH PRODUCTS OR SERVICES NOT SUPPLIED BY DISCOVERY.

EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITIES SET FORTH IN THESE STANDARD TERMS, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

Trial Terms. Where a Trial is permitted by applicable law and offered by Discovery, the following terms apply: (a) the Term for a Trial is defined in the applicable offer (e.g., email confirmation) or Order Form, if any, but shall be no longer than 12 months; (b) a Trial may be terminated by Discovery at any time, for any reason, and without notice; (c) participation in a Trial shall not entitle a Trial Member (a “Trial Member”) to participation in future Trials or additional access to the Services outside a Trial; (d) Discovery reserves the right to terminate or suspend Trial Member’s account or access to any or all portions of the Services without any notice at any time, for any reason, including for Trial Member’s or any of its Users’ or Invited Users’ violation or breach of any provision of the Standard Terms; (e) a Trial Member will have the option to purchase the trialed Services after the Trial ends; (f) the Trial Member may terminate the Trial at any time during the Trial without penalty; and (g) by signing up to a Trial, Trial Member agrees to all applicable terms as described in these Standard Terms.

Entire Agreement. The Standard Terms contain the entire understanding and supersedes all prior understandings between the parties relating to the subject matter herein.

Changes. Discovery reserves the right to change these Standard Terms from time to time. Such changes will become effective when Discovery posts the revised Standard Terms. Member and its Users (including Invited Users) should check the Standard Terms from time to time, as they are bound by the Standard Terms posted on Discovery’s website at the time of access. Any revised Standard Terms shall supersede all previous versions.

Survival. All sections of these Standard Terms which, by their nature should survive termination or expiration, will survive, including without limitation all representations, warranties, limitations of liability, releases, and indemnities.

Governing Law. The Standard Terms shall be construed and enforced under the laws of the state of New York, USA without reference to the choice of law principles thereof. By using the Services, Member and each User and Invited User hereby consents to and submits to the jurisdiction any court of competent jurisdiction in the Borough of Manhattan, New York and the United States District Court for the Southern District of New York. Member and each User and Invited User waives any defenses based upon lack of personal jurisdiction or venue, or inconvenient forum. If any provision herein is unenforceable, then such provision shall be of no effect on any other provision hereof.

Contacting Discovery. All notices and statements shall be in writing and sent by a reputable overnight service such as Federal Express to the address set forth below; provided that, notices that relate to a renewal Term may be sent via email to the following email address:

Discovery Education, Inc.
4350 Congress Street, Suite 700
Charlotte, NC 28209

Email: DECommercialOpsTeam@discoveryed.com