Terms of Use and Privacy Policy

This Terms of Use agreement (“Agreement”) is between Disco Learning Media, Inc. and its affiliated entities (collectively, “Disco,” “we,” or “ours”) and you and your agents (“you” or “yours”) for the use of digital properties owned and operated by Disco (“Disco Web Sites,” “Disco Apps,” “Site,” “Sites,” “App,” or “Apps”).  This Agreement governs the use of the Disco Web Sites by all users of the Sites. To use, including becoming a registered user of the Sites, you must accept the provisions of this Agreement. If you do not agree, you may not access the Sites.  By accessing or using the Disco Web Sites, you agree to be bound by this Agreement and by any amendments in effect at the time of your visit. By downloading Disco Apps, you agree to be bound by this Agreement and by any amendments in effect at the time of your download. Disco reserves the right to change, modify, add, or remove any part of this Agreement and to discontinue or revise any or all aspects of the Disco Web Sites or Disco Apps, in its sole discretion at any time and without prior notice. Please check this page periodically for any modifications. Your continued use of the Disco Web Sites and Disco Apps following the posting of any changes will mean that you have accepted the changes.

These terms of use apply to mobile applications, websites and alert services listed here (collectively, the “Sites”):

• getdis.co, energy101.getdis.co, resourcefulness.getdis.co, discolearning.com, greenmaterials.discolearning.com
• Any and all future subdomains not listed above at the hosted domains getdis.co and discolearning.com
• Resourcefulness mobile app for iOS and Android (collectively, the “Disco Apps”)
• Any future Disco Apps linking to this Agreement and Privacy Policy
• Disco Learning Media support and ecommerce websites

Regarding Managed Apps

Client-owned and Disco-managed mobile apps for any platform including but not limited to iOS, Android, Windows, tvOS, and Apple Mac OS are governed by the privacy policy linked within the app and accessible from the download protocol for that specific application. There may be a difference between this Agreement and Privacy Policy and that of the client organization or entity. Disco encourages users to read and to understand the privacy policies and terms of service of both entities to be a more informed and empowered digital citizen. Use or download of Sites or Apps constitutes your agreement and acceptance to both this and any other provided agreements or policies.

Changes to These Terms of Use

We reserve the right, at our sole discretion, to change, modify, add, or remove any portion of these Terms of Use or Privacy Policy, in whole or in part, at any time, by posting revised terms at www.getdis.co/privacy. It is your responsibility to check periodically for any changes we make to the terms of use. Your continued use of the Sites and Apps after any changes to the terms of use or other policies means you accept the changes.

In the event we make material changes to the Terms of Use, notice of the changes will be posted at www.getdis.co/privacy, and the revised terms will take effect thirty days after their publication.

General Use of Sites and Apps

Disco grants you a personal, non-commercial, non-exclusive, limited, revocable, non-transferable, and non-sublicensable license to access and use the Disco Web Sites and Disco Apps conditioned upon your continued acceptance of, and compliance with, this Agreement.   Your use of any Disco Web Site or Disco App is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Disco does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Disco Web Sites or Disco Apps over the Internet or other communication network.

Registration and Login Information

1. Certain features or materials on Disco Web Sites or within Disco Apps require registration and/or login. With respect to such features and/or materials, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
2. You will create a password and account designation upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (i) not allow any third party to use it under any circumstances; (ii) immediately notify Disco of any unauthorized use of your password or account or any other breach of security; and (iii) ensure that you exit from your account at the end of each session. Disco will not be responsible or liable for any loss or damage arising from or in connection with your failure to comply with these requirements or any theft, misappropriation, disclosure, or unauthorized use of your login information.

Misuse and Limitations on Use

1. As a condition of using our Sites, you agree that you will not use our Sites for any purpose that is unlawful or prohibited by the terms of use.
2. You agree to abide by the terms and conditions of purchase that we impose including, but not limited to, payment of all amounts when due and compliance with all rules regarding availability of fares, products, or services. You are completely responsible for all assessments, charges, duties, fees, and taxes arising out of your use of our Sites.
3. We reserve the right, in our sole discretion, to limit or terminate your access to or use of the Sites at any time without notice. Limitation or termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.
4. You agree that you will not misuse (as defined below) or authorize or allow another to misuse our sites. “Misuse” includes, but is not limited to, using our Sites to do (or otherwise doing in connection with our Sites) any of the following:
   • Disrupt any aspect of our operations
   • Interfere with another’s access to, enjoyment of, or use of our Sites or any information, content, or products available through or in connection with our Sites
   • Perform activities to discover or identify aspects of our Sites’ infrastructure for the purpose of gaining unauthorized access or information
   • Take any action that will or could impose an unreasonable or disproportionately large load on our Sites’ infrastructure
   • Abuse, defame, degrade, embarrass, harass, humiliate, intimidate, stalk, or threaten any individual or group of individuals, whether or not on account of their age, ancestry, color, ethnicity, marital status, medical condition, mental or physical disability, national origin, race, sex, sexual orientation, union or nonunion affiliation, or any other basis protected by federal, state, or local law
   • Download or upload material (including but not limited to computer viruses, corrupt files, or similar software) that may damage the operation of our or another’s computers
   • Violate our or another’s rights, including but not limited to intellectual property, privacy, or publicity rights
   • Use a false email address or other identifying information, impersonate or misrepresent any person or entity, or your affiliation with any person or entity, or misrepresent, mislead or omit as to the origin or source of any material
   • Download or upload materials that do not contain the applicable proprietary language, author attributions, and copyright, patent, or trademark notices
   • Distribute or publish any obscene, infringing, or unlawful material
   • Collect, transmit, publish, or disseminate any private information of a third party, including, but not limited to, Social Security numbers, payment card numbers, passport or other identification information, or travel-related information such as confirmation codes or ticket numbers
   • Engage in any commercial purpose, including but not limited to:
     • Advertising or offering to sell any goods or services;
     • Conducting contests or surveys;
     • Distributing chain letters, or advertising with respect to any Ponzi scheme or pyramid scheme; and
     • Advertising or offering to sell any business opportunities, direct sales opportunities, employment, independent contractor positions, multi-level marketing opportunities, or securities
   • Copy, create derivative works from, display, distribute, license, perform, publish, recreate, reproduce, sell, transfer, or transmit any information, products, services, or software obtained by, from, or through our Sites
   • Monitor or copy any service, product, data or content by using any manual process, or any robot, spider, or other automatic device, without first obtaining our prior written consent
   • Access information about any other My account member protected by a login requirement
   • Post any information about another My account member on any website without that My account member’s consent
   • Utilize another person’s account, user ID, password, My account information, or other login information
   • Make unauthorized changes to another person’s account or itineraries
   • Engage in any act or omission that may subject us or any other person to legal liability
   • Engage in any other conduct that is in conflict with the terms of use

Intellectual Property

1. All trademarks, service marks, logos, trade dress, trade names, copyrights, information, content, data, images, photographs, audio and video material, webinars, artwork, text, graphics, multimedia content, compilations, and other material that you see or read on the Disco Web Sites and all related code and material of any kind or nature (collectively the “Disco Materials”), except for Submitted Materials (as defined below), are owned by Disco or are being used by Disco with permission.  The Disco Materials are protected by international, federal, and state laws and regulations, including but not limited to copyright, trademark, trade secret, trade dress, and other laws and regulations.  Disco grants you a nonexclusive, limited, revocable, non-transferable, non-sublicensable license to access and use the Disco Web Sites and Site Materials solely for your non-commercial personal and/or educational use, including downloading one copy of the Disco Materials on any single computer, provided you keep intact any copyright and other proprietary notices on the Disco Materials and do not modify the Disco Materials in any way. You may not modify, reuse, re-post, or use the Disco Materials for public or commercial purposes without Disco’s prior written permission. Without limiting the forgoing, you agree not to use the Disco Materials for any other use or purpose.
2. Unless we indicate otherwise, you grant us and our affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform publicly and display publicly in any media throughout the world any copyrightable material you submit (“Submitted Material”). You further agree that we are free to use and disclose without restriction or payment any ideas, concepts, know-how that you provide to us, and that such material is non-confidential and becomes our exclusive property. You grant us and our affiliates the right to use the name you submit in connection with anything you submit, if we so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply.

User Submitted Content

1. You are responsible for whatever material you submit, including but not limited to the contents of the message, its reliability, originality, and compliance with intellectual property and other laws.
2. Disco, in its sole discretion, may at any time refuse or delete Submitted Materials it deems inappropriate to the purpose of the Sites or Apps, illegal, or harmful to others. Disco does not undertake any obligation to monitor the Sites or Apps for such material. The views, opinions, and accuracy of information posted on the Sites are the responsibility of the poster. Disco does not control, verify, or endorse any of the Submitted Materials and any other information or content not originating from Disco or Disco’s licensors.  Disco is not responsible for any person’s misuse or misappropriation of any Disco Materials, Submitted Materials, or any other information contained in the Sites or linked from the Sites.

Links

1. You may place a link on your web site to any page of the Disco Web Sites or Disco Apps as long as (a) the link does not suggest that Disco promotes or endorses you, your web site, or any content or goods or services appearing on your web site; (b) you do not use the Disco Web Sites or Disco Materials in violation of this Agreement; (c) your web site links to, but does not replicate, Disco Materials; (d) you make it clear that the link leaves your web site and that the user is opening a new page with the Disco Web Site, rather than framing any portion of your web site around Disco Materials; and (e) you do not use Disco trademarks without Disco’s prior written permission.
2. The Sites contain links to and display information from websites that are not maintained by us. We do not endorse or adopt, and make no representation or warranty as to the safety, accuracy, or completeness of those websites, their content, or any products or services they may offer. We have not necessarily reviewed the information on those websites. We cannot guarantee that such websites do not change without our knowledge. Different terms and conditions may apply to your use of any linked or displayed websites. Inclusion of such links and displays in the Sites does not imply our endorsement, approval or agreement with the linked or displayed websites or their content. We are not responsible for any losses, damages or other liabilities incurred as a result of your use of such websites.

Disclaimer of Warranties and Limitations of Liability

1. Our Sites, and all materials and information on our Sites, are provided “as is,” and to the extent permitted by law, we make no warranty of any kind, either express or implied. To the extent permitted by law, we disclaim all warranties, including without limitation any warranties of condition, quality, performance, merchantability, fitness for a particular purpose, or non-infringement in relation to our Sites and the information, services and products provided through or in connection with our Sites. We do not represent or warrant that our Sites, or any information, services, or products provided through or in connection with our Sites, are accurate, complete, reliable, error-free, or free from viruses or other harmful components.
2. To the extent permitted by law, in no event will we or our directors, employees, agents, or contractors be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or relating to the use of our Sites, or any information, services, or products provided through or in connection with our Sites, including without limitation any damages caused by or resulting from your reliance on any information obtained through or in connection with our Sites, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. To the extent permitted by law, in no event will our aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to your use of our Sites or any information, services, or products provided through or in connection with our Sites exceed any compensation you pay, if any, to us for access to or use of our Sites.
3. To the extent permitted by law, we disclaim liability on behalf of ourselves and our agents and contractors (which agents and contractors are third party beneficiaries under these Terms of Use) for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of our Sites, or any information, services, or products provided through or in connection with our Sites, whether as a result of breach of contract, tortious behavior.
4. You specifically acknowledge that we are not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and we reserve the right to remove such materials or any other materials from our Sites without liability. You further agree to indemnify us for all damages, costs and expenses we suffer or incur as a result of your defamatory, offensive, infringing or illegal materials or conduct.

Errors, Changes, and Termination of Sites or Services

1. The information, software, products, and services published on our Sites and Apps may include inaccuracies or typographical errors. Changes are periodically made to our Sites and Apps and related content. We may make improvements or changes in the products or programs described in the Sites, including these terms of use and any other terms and conditions applicable to our products and services available on our Sites or Apps, without liability.
2. We are not responsible if information made available on our Sites or Apps is not accurate, complete or current. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on the Sites or Apps is at your own risk. The Sites or Apps may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the Sites or Apps at any time, but we have no obligation to update any information on the Sites or Apps. You agree that it is your responsibility to monitor changes to the Sites or Apps.
3. We do not guarantee the accuracy of any information (e.g., account information) that you may access through any third-party website.

Indemnity

1. You agree to indemnify, defend and hold harmless Disco Learning Media, Inc., and their affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Sites or Apps and any violation of these terms of use.
2. If you cause a technical disruption of the Sites or Apps or the systems transmitting the Sites or Apps to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Disco Learning Media, Inc. reserves the right, at their own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with them in the defense of such matter.

Infringement Claims

1. Disco respects others’ intellectual property rights and has made every effort to secure appropriate clearances for all content that Disco directly makes available on the Disco Web Sites or Disco Apps, and we ask our users to do the same. Disco may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who it suspects to be infringers of intellectual property. Pursuant to the Digital Millennium Copyright Act (”DMCA”), Disco has a designated agent to receive copyright infringement claims.
2. If you believe any material on the ASM Web Sites is infringing and has been posted by ASM, our users or any other party, you may notify  ASM of the alleged infringement by contacting ASM’s designated DMCA Agent at:

Disco Learning Media, Inc.
11801 Domain Boulevard, Third Floor
Austin, Texas 78758
support@discolearning.com

Please include the following information in your notice:

• Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
• A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
• Your physical or electronic signature.

Privacy Policy

1. Your privacy is important to Disco Learning Media, Inc. We will not share your personal information with third parties without your permission. We encourage you to read this privacy statement carefully to understand how we will use your personal data. Use of Disco Sites or Disco Apps signifies your agreement to the terms of use and Privacy Policy.
2. Disco has created this privacy statement to explain the information gathering and dissemination practices for this website and to demonstrate our firm commitment to privacy. By using this website, you agree that this privacy statement applies to all information solicited or gathered on this site.
3. Types of Information Gathered
   1. We use these log files to help diagnose problems with our server and to gather broad usage and demographic information with which to improve the administration of our site. These files may be maintained indefinitely. Disco cannot link the information in its log files to any individual user.
   2. Disco collects information from its users at several different points on this website. Each time you visit the Site or App, we make a record of the following information:
      • the IP address from which you connect
      • the list of pages you visited
      • how long you spent on each page
      • the page from which you were referred to the current page
      • the user agent (browser) and device used
      • the default language settings of your user agent or device
      • general geographic data that can be derived from your IP address
   3. The Use of Cookies
      1. A cookie is a small file that Disco Sites or Disco Apps transfers to your computer or device when you download the Site or App for access. This is a tool used by many companies to record information relating to the navigation of the User’s computer on our Sites and Apps. This information can remain on his computer for up to twelve mouths.
      2. Users can accept or decline cookies using their browser or device settings. After a cookie has been accepted it may be deleted by the user manually using the browser or device settings.
   4. Disco Sites and Apps use two types of cookies.
      • Technical cookies are used by the ecommerce site and necessary to complete online purchases.
      • Third-party cookies used on Disco Sites and Apps include but are not limited to those provided by Google Analytics. At any point in the future, Disco reserves the right to employ other cookies from other third-party providers.
        • Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses cookies, which are text files placed on your computer, to help the website analyze site usage by its users. The data generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.
        • Google will use this information to evaluate your use of the website, compiling reports on website activity addressed to its editor and providing other services relating to website activity and use of the Internet. Google may also transfer this information to third parties where required by law or where such third parties process the information on Google’s behalf, including in particular the owner of this site (Disco).
        • Google will not associate your IP address with other Google data.
        • You can disable the use of cookies by selecting the appropriate settings on your browser. However, such a deactivation could prevent the use of certain features of Disco Sites or Disco Apps.

Information Sharing

1. Disco may sell, transfer, share, or publish aggregated usage and demographic information. This aggregated information will not be linked to any personally identifiable information, and the anonymity of individual users and the confidentiality of their searches will not be violated by the disclosure of such aggregated information. Disco may also send e-mail communications to you based on the information collected on this site. In addition, the information gathered on this website may of course be transferred to any purchaser of all or any substantial part of Disco’s assets. Disco will not sell, transfer, share, or publish any information gathered on this website in ways different from those specified in this privacy statement unless we notify you in advance by e-mail and give you an opportunity to opt-out.
2. Disco is the sole owner of information collected on Disco Sites or through Disco Apps.
3. If you receive communications from Disco based on personal information that you have supplied, you may opt-out of these communications at any time. Please send us an e-mail asking to be removed from our e-mail list. Alternatively, you may unsubscribe from future communications by using the unsubscribe link available at the bottom of every email. Disco is committed to respecting and abiding by United States federal laws regarding digital consumer privacy.
4. This website contains links to other sites. Please be aware that Disco is not responsible for the privacy policies or practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of every website to which this website links, particularly those that collect personally identifiable information. This privacy statement applies solely to information collected by this website.
5. Disco reserves the right to make changes to this privacy statement. If Disco changes this privacy statement, we will post a notice regarding those changes on a link from our home page. Users will have the option to opt-out of providing additional information as a result of any such changes. We will use all information we collect in accordance with the privacy statement in effect at the time the applicable information was collected.
6. Disco is firmly committed to preserving the electronic privacy of all its users as provided in this privacy statement. We encourage all users to read this privacy statement carefully. If you have any questions about this privacy statement, the practices of this website or your dealings with this site, you may contact us at support@discolearning.com.
7. Disco believes that users have the right to be informed, to access, to object, to rectify or to delete data relating to them. Users can exercise these rights by addressing a request to Disco through email at at support@discolearning.com. A representative will respond with information about how a user can confirm their identity and review information relating to him or her that is owned by Disco.
8. As consumer privacy regulations evolve in the United States, the European Union, and other territories worldwide, Disco remains committed to adapting to changing conditions. As such, this policy may be revised at any time. We encourage you to check this policy often to ensure you understand the provisions and protections afforded herein.

General Terms

1. Disco reserves the unrestricted right, in its sole discretion, to restrict, suspend, of terminate your access to the Disco Web Sites or Disco Apps and/or to terminate the license granted herein at any time for any reason. You agree that any termination of your access to a Disco Web Site or Disco App may be effected without prior notice to you.
2. Any claim arising out of or relating to our Sites or Apps or these terms of use is governed by the laws of the state of Texas without regard to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas, for the resolution of any and all disputes arising out of or relating to our Sites, Apps, or these terms of use. You further agree and covenant not to bring suit in any other jurisdiction.
3. If a court of competent jurisdiction determines that any part of these terms of use is invalid or unenforceable, then the invalid or unenforceable part will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original part and the remainder of the terms of use shall continue in effect.
4. These terms of use constitute the entire agreement between you and us with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Sites or Apps.
5. The headings and numberings contained within this Agreement and the Privacy Policy are used solely for convenience and reference.