Website Terms of Use

Description of Site Services; Acceptance of Terms of Use

Welcome to www.amplify.com (together with any successor sites and the Site Services and Company Content (each as defined below), in whole and in part, the “Site”). The Site is operated by Amplify Education, Inc. (“Company” or “we”). The services that Company makes available on or through the Site include education-related articles, information and instructional services, purchasing functionality, support chat functionality and any other features, content, services, functionality and applications offered from time to time by Company on or through the Site (collectively, “Site Services”).

BY ACCESSING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS TERMS OF USE AGREEMENT (“AGREEMENT”) AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY PURCHASING GOODS AND SERVICES ON THE SITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS AGREEMENT AS WELL AS ANY ADDITIONAL TERMS OF USE THAT MAY BE ASSOCIATED WITH THE PARTICULAR GOODS AND SERIVICES YOU ARE PURCHASING.

Please read this Agreement carefully. If you are an employee or other representative of a school or other organization who is accessing or using the Site on behalf of such organization, then you are agreeing to this Agreement on behalf of yourself and such organization. We may modify this Agreement at any time in our discretion, and we may provide such modifications to you by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of those changes. Notwithstanding the foregoing, any changes to this Agreement shall not apply to any dispute between you and us arising prior to the date on which we posted the revised version of this Agreement incorporating such changes or otherwise notified you of such changes. If you do not agree to be bound by this Agreement, you must not access or use the Site. Your access to and use of certain parts of the Site may require you to accept additional terms and conditions, and may require you to download certain Software or Content (each as defined below).

Jurisdictional Issues

The Site is controlled and operated by Company from the United States, and is not intended to subject Company to the laws or jurisdiction of any state, country or territory other than that of the United States. Company does not represent or warrant that the Site is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access and use the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes and other federal rules and regulations restricting exports. We may limit the Site’s availability to any person, geographic area or jurisdiction we choose, at any time and in our discretion. Not all products or services described on the Site are available in all states or territories.

Company content

The Site contains information, text, files, images, video, sounds, musical works, computer code, works of authorship, applications, and other materials and content (collectively, “Content”) of Company or its licensors (“Company Content”). The Site (including the Company Content) is protected by copyright, trademark, trade secret and other laws, and as between you and Company, Company owns and retains all rights in the Site. Company hereby grants to you a limited, revocable, non-sublicensable license, during the term of the Agreement, to access, display and perform the Company Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by Company in this Agreement or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content.

User content

You may not access or use the Site for any commercial purpose. You are responsible for all Content that you post, upload, transmit, e-mail or otherwise make available on, through or in connection with the Site (collectively, “User Content”). Please choose carefully the Content that you make available on, through or in connection with the Site. Company does not control any Content other than Company Content, and as such you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content by accessing or using the Site. Company is not responsible or liable for any Content or the conduct of any Site user. If you become aware of any misuse of the Site, please report such misuse immediately to Company at general@amplify.com. Company reserves the right (but has no obligation) to monitor the Site, including for inappropriate Content or conduct, and to remove any Content in Company’s discretion and without liability to you or any third party.

Your proprietary rights

You retain any ownership rights that you have in your User Content. You hereby grant to Company and its affiliates, licensees and authorized users, a perpetual, non-exclusive, fully paid-up and royalty-free, sublicensable (through multiple tiers), transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce and distribute such User Content on, through or in connection with the Site and/or any other commercial or non-commercial endeavor of Company or any of its affiliates, including in connection with any distribution or syndication thereof to Third Party Services (as defined below), on and through all media formats now known or hereafter devised, for any and all purposes including promotional, marketing, trade and commercial purposes. The exercise of such rights shall not require any further permission or notice, payment or attribution to you or any third party. Company reserves the right to limit the storage capacity made available for User Content.

You represent and warrant that: (a) you own the User Content made available by you, or otherwise have the right to grant the license set forth in this Section, and (b) the posting of such User Content through or in connection with the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees and any other monies owing to any person or entity by reason of the use of such User Content.

Use of the site

You agree not to:

• Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortious; defamatory; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory.
• Violate the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, contract or other proprietary rights.
• Harass or harm another person.
• Exploit or endanger a minor.
• Impersonate any person or entity.
• Introduce or engage in activity that involves the use of viruses, bots, worms, Trojan horses, Easter eggs, time bombs, spyware or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized access to or use of a computer or a computer network.
• Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Site or any Account, or Company’s servers or networks;
• Restrict or inhibit any other person from using the Site (including by hacking or defacing the Site). Cover, remove, disable, block or obscure the Site (including advertisements on the Site).
• Use technology or any automated system, such as scripts or bots, to collect user names, passwords, e-mail addresses or any other data from or through the Site, or to circumvent or modify any security technology or software that is part of the Site.
• Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Site. If you do so, you acknowledge you will have caused substantial harm to Company, and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay to Company $50.00 for each actual or intended recipient of such communication.
• Modify, adapt, translate, reverse engineer, decompile or disassemble the Site.
• Solicit, collect or request any information for commercial or unlawful purposes.
• Post, upload or otherwise transmit an image or video of another person without that person’s consent.
• Use the Site to advertise, promote or engage in any commercial activity (including engaging in sales, contests or sweepstakes) without Company’s prior written consent.
• Frame or mirror the Site without Company’s express prior written consent.
• Use the Site in a manner inconsistent with any applicable law, rule or regulation.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather content of the Site or reproduce or circumvent the navigational structure or presentation of the Site without Company’s express prior written consent. Notwithstanding the foregoing, Company grants to the operators of public search engines the permission to use spiders to copy material from the Site for the sole purpose of, and solely to the extent necessary for, creating publicly-available searchable indices of such material, but not caches or archives of such material. Company reserves the right to revoke these exceptions either generally or in specific cases.
• Attempt, facilitate or encourage others to do any of the foregoing.

Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s discretion, violates this Agreement or attempts to do so, including terminating or suspending a user’s Account or access to or use of the Site, or reporting any User Content or conduct to law enforcement authorities.

You (and not Company) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the Site, and for paying all charges related thereto.

User disputes

You are solely responsible for your interactions with other users of the Site, providers of Third Party Services (as defined below) or any other third parties with whom you interact on, through or in connection with the Site.

Purchases

Company may make available products and services for purchase through the Site, and may use third-party suppliers and service providers to enable e-commerce functionality on the Site. You may only purchase products and services that appear on the Site and that are delivered to an address located in the United States. You may only purchase products and services for personal, non-commercial use by you, your educational institution or students of your educational institution. We may limit quantities or refuse any order for any reason or no reason, including if we have reasonable cause to believe an order is for onward sale or resale other than through distribution channels approved by us. We make no promise that products or services available on the Site are appropriate or available for use in locations outside the United States, and purchasing products or services for delivery to or use in territories where their contents are unlawful is prohibited. If you choose to purchase products or services from locations outside the United States, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any product or service made available through the Site.

If you wish to purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your transaction, including your credit card number, the expiration date of your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) USED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Company the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgement or completion of any transaction. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.

Details of the products and services available for purchase are set forth on the Site. All prices are displayed exclusive of all taxes and shipping/freight charges. Available payment methods, methods of shipping and shipping charges (including charges for expedited shipping, if available) are detailed on the Site. Company may also collect and remit sales tax on your purchase as required by United States law. If you are a tax-exempt entity, please enter the appropriate information where requested on your order form and we will not collect sales tax on your purchase.

Generally, credit and debit cards are not charged until we either ship the product(s) or confirm store availability (at which time you will be charged only for the products we have actually shipped along with any applicable taxes and shipping charges). However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. When paying for a preorder with a debit card, you will be charged at the time you place your preorder. Please contact your credit or debit card issuer for more information. If you ordered a special delivery product, you will be charged once a delivery time is confirmed. For digitally delivered orders, your credit or debit card will be charged at the time that you initiate the download of the product.

All purchases made through the Site are made pursuant to a shipment contract. As a result, risk of loss and title for products purchased through the Site pass to you upon delivery of the products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Please note that all shipping addresses must be compliant with the shipping restrictions contained on the Site.

Products, services and specifications

All products and services described or depicted on the Site, and all related features, content, specifications and prices, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any product or service on the Site at a particular time does not imply or warrant that such product or service will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products and services ordered will be used only in a lawful manner. All DVDs and similar products are sold for private, non-commercial home use (where no admission fee is charged), non-public performance, or classroom or instructional use only, and may not be duplicated.

Return and exchange policy

Unless otherwise specified in the terms associated with a particular product, you may return or exchange any product purchased through the Site within fourteen (14) days of receipt, by calling our customer service hotline, 1–800–823–1969, in the event that the purchased product is defective or you received the wrong product. Except for the foregoing, you may not return, cancel or exchange any product or service. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law. In the event that a return or exchange is due to an incorrect order or faulty product, we will be responsible for the shipping costs associated with such return. We will ship a replacement product upon receiving your defective or incorrect product and verifying the reason for the return or exchange.

Accuracy of information

We attempt to ensure that information on the Site is complete, accurate and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Site. For example, products or services included on the Site may be unavailable, may have different attributes than those listed, or may carry a different price than that stated on the Site. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Items in your “Shopping Bag” reflect the current price displayed on the item’s product detail page. Please note that this price may differ from the price displayed when the item was first placed in your Shopping Bag. In addition, we may make changes in information about price and availability without notice.

Chemicals, agricultural materials, and other hazardous materials

Certain products made available through the Site may include chemicals, agricultural materials or other material that may be subject to regulations or restrictions with respect to import or export, or to whom we may sell such material or where or how such material may be used. It is your responsibility to read and abide by all warning notices that accompany any products that you purchase. In addition, we reserve the right to request additional information from you, verify your identity, limit sales to certified educational or research institutions, or cancel or delay your order if required by law or if we believe it is necessary or advisable. Due to special shipping and handling requirements, freight companies routinely impose a surcharge on each package of hazardous material shipped. In such event, we will add such surcharge to your order.

Registration and account security

You may have the ability to create an account on or through the Site (an “Account”). If you submit registration information to create an Account, you represent and warrant that all information submitted to Company in connection with such registration is complete and accurate, and that you will update such information if it changes. If you create an Account, you are responsible for all use of your Account, and for maintaining the confidentiality of the information used to access your Account (including user name and password). You agree not to share your user name or password with anyone, or use anyone else’s Account at any time. You agree to notify Company immediately if you suspect any unauthorized use of, or access to, your Account (including your user name and password). You acknowledge that the reuse of your password in connection with accounts on other websites increases the risk that the security of your Account may be compromised.

Third party links and services

The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties (“Third Party Services”), and such third party may use other third parties to provide portions of the Third Party Service to you, such as technology, development or payment services. When you access or use a Third Party Service, you are interacting with the applicable third party, not with Company, and you do so at your own risk. Company is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including the accuracy or completeness of the information provided by such Third Party Service or the privacy practices of any third party). Inclusion of any Third Party Service or a link thereto on the Site does not imply approval or endorsement of such Third Party Service. Company is not responsible or liable for the content or practices of any Third Party Service or third party, even if such Third Party Service links to or is linked by the Site, and even if such Third Party Service is operated by an affiliate of Company or a company otherwise connected with us or the Site

Feedback

Unless we expressly agree otherwise in writing, if you provide us with any ideas, proposals, suggestions or materials (“Feedback”), whether related to the Site or otherwise, you hereby acknowledge and agree that (a) your provision of any Input is gratuitous, unsolicited and without restriction and does not place Company under any fiduciary or other obligation; and (b) any Feedback is not confidential and Company has no confidentiality obligations with respect to such Feedback.. You hereby grant to us a world-wide, royalty-free, fully paid-up, exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), adapt, modify and otherwise use and exploit such Feedback, in any format or media now known or hereafter developed, and you hereby represent and warrant that you have all necessary rights to grant the foregoing license. We may use Feedback for any purpose whatsoever without permission or notice, compensation or attribution to you or any third party. You are and remain responsible and liable for the content of any Feedback.

Privacy

Please review the Privacy Policy for the Site, available at http://www.amplify.com/privacy, to learn about our information collection, usage and disclosures practices with respect to information collected by us through the Site. Please note that certain products or services made available by us, other than the Site, may be subject to different privacy policies. In addition, the Site’s Privacy Policy does not address, and we are not responsible or liable for, the information collection, usage and disclosures practices of any third party or Third Party Service.

Disclaimers

THE SITE, USER CONTENT, THIRD PARTY SERVICES, AND ALL PRODUCTS AND SERVICES SOLD THROUGH THE SITE (COLLECTIVELY, THE “SITE PRODUCTS”) ARE MADE AVAILABLE “AS-IS” AND “AS AVAILABLE” AND COMPANY DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE PRODUCTS. COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, COMPANY AND ITS AFFILIATES MAKE NO WARRANTY THAT THE SITE OR USER CONTENT OR THIRD PARTY SERVICES, OR YOUR ACCESS TO OR USE THEREOF, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, ACCURATE OR RELIABLE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY CONSEQUENCES OF ANY UNAUTHORIZED USE OF THE SITE PRODUCTS THAT VIOLATES ANY APPLICABLE LAW OR REGULATION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Under no circumstances will Company or its affiliates be responsible for any loss or damage, including property damage, personal injury or death, resulting from use of the Site, Products, problems or technical malfunction in connection with use of the Site, Products, attendance at any Company event or the conduct of any Site users, whether online or offline. Your use of the Site, Products is solely your responsibility and at your own risk. The User Content and Third Party Services do not necessarily reflect the opinions or policies of Company or its affiliates.

Limitations on liability

IN NO EVENT WILL COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES, ARISING FROM YOUR USE OF THE SITE PRODUCTS, EVEN IF COMPANY OR ONE OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TOTAL LIABILITY OF COMPANY AND ITS AFFILIATES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SITE PRODUCTS.

Indemnity

You agree to indemnify and hold harmless Company, its affiliates, subcontractors and other partners, and each of their respective officers, agents, partners and employees, from any losses, costs, expenses (including reasonable attorneys’ fees), liabilities, claims or demands, due to or arising out of your use of the Site, your breach or alleged breach of this Agreement, your violation or alleged violation of any rights of another, or any Content that you post or otherwise submit on, through or in connection with the Site.

Termination

This Agreement remains in full force and effect while you access or use the Site. If you create an Account, you may terminate your Account at any time, for any reason, by contacting us at general@amplify.com. Company may terminate or suspend your Account and/or your access to or use of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. Upon any such suspension or termination, your right to access and use the Site will immediately cease, and Company may immediately deactivate or delete your Account and all files and other information associated with it, and/or bar any further access to such files and other information. Company shall not be liable to you or any third party for any suspension or termination of your Account or of access to or use of the Site or any such files or other information, and shall not be required to make such files and other information available to you after any such suspension or termination. Sections 2, 5, 13, 17, 18, 19, 22, and 26 shall survive any expiration or termination of this Agreement.

U.S. export controls

All software made available in connection with the Site (“Software”) may be subject to United States export controls. No Software may be downloaded from or through the Site or otherwise exported or re-exported in violation of U.S. export laws.

Governing law

The terms of this Agreement are governed by the laws of the State of New York, U.S.A., without regard to its conflicts of law provisions, and regardless of your location.

Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

Arbitration procedure

Any arbitration under Section 23 above will be administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by this Agreement. The Supplementary Procedures are available online at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

Employment opportunities

Company may, from time to time, post Company employment opportunities on the Site and/or invite users to submit resumes to Company. If you choose to submit your name, contact information, resume and/or other personal information to Company in response to such employment listings, you are authorizing Company to use this information for all lawful and legitimate hiring, employment and other business purposes. Company also reserves the right, at its discretion, to forward such information to Company’s affiliates for their legitimate business purposes. Nothing in this Agreement or contained on the Site will constitute a promise by Company to review any such information, or to contact, interview, hire or employ any individual who submits such information.

Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any material residing on or linked to from the Site infringes your copyright, please send (or have your agent send) to Company’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, the copyright owner’s agent or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on such owner’s behalf; and (f) your physical or electronic signature. Company’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Amplify Education, Inc., 55 Washington Street, Brooklyn, NY 11201; Facsimile: 212-796-2311; Attn: Legal. Company’s Copyright Agent for notification of claimed infringement can also be reached electronically at: legal@amplify.com. Company reserves the right to terminate infringers’ and suspected infringers’ Accounts or their access to or use of the Site.

Notice for California residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us by writing to Amplify Education, Inc., 55 Washington Street, Brooklyn, NY 11201 or by calling us at 212–213–8177 or sending a fax to 212–796–2311. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.

Other terms

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. The failure of Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. References to and mentions of the word “include,” “includes,” “including,” or “e.g.” will mean “including, without limitation.” References to “discretion” will mean “sole discretion.” This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity or enforceability of any remaining provisions. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Please contact us at legal@amplify.com with any questions regarding this Agreement.

Acceptable Use Policy

Amplify Education, Inc. (“Amplify”) products support classroom instruction and learning and include Amplify CKLA, Amplify ELA, Amplify Science, Amplify Desmos Math, Desmos Math, Boost Reading, Boost Math, mCLASS, Mathigon, services at classroom.amplify.com (for creating and assigning activities) and student.amplify.com (for use of the activities or curricula as directed by an instructor), and any other product or service that links to this Acceptable Use Policy (together, the “Products”). This Acceptable Use Policy (the “AUP”) provides the general terms and conditions applicable to your use of the Products. By accessing, downloading, or using the Products, you agree to be bound by the terms of this AUP. 

Notwithstanding the foregoing, nothing in this AUP supersedes or limits your rights under the terms of any other agreement you or your institution have entered into with Amplify regarding the use of Products. In the event of any conflict between the AUP and the terms and conditions of an applicable agreement that you or your institution have entered into with Amplify, the terms and conditions of such agreement shall control.

Our Products are geared towards K–12 students, educators, and staff who use the Products as authorized by their School District or State Agency (each as defined in the Privacy Policy (defined below), and together, “School”) (“Authorized School Users”). Student Data (defined below) is owned and controlled by the School, and Amplify receives Student Data as a “school official” under Section 99.31 of the Family Educational Rights and Privacy Act of 1974 (“FERPA”) for the purpose of providing the Products hereunder. In addition, we rely on the School acknowledging that it is acting as the parent’s agent and consenting on the parent’s behalf to process personal information of students under the age of 13 (“Child Users”) in accordance with the Children’s Online Privacy Protection Act (“COPPA”). 

Schools may provide authorization in two ways: 

(1) by the School agreeing to our Customer Terms and Conditions located at amplify.com/customer-terms or another agreement between Amplify and the School, as applicable; or 

(2) by an educator, staff member, or agent of a School (“Educator”) agreeing to this AUP. If you are an Educator and wish to use the Products in your classroom, you represent and warrant that the use of the Products in your classroom has been authorized by your School, and that you are authorized to accept this AUP on behalf of the School.

In each case, we provide these Products solely for the benefit of the School and for no other commercial purpose. We require all Schools to review our Privacy Policy, available at amplify.com/customer-privacy (“Privacy Policy”), and to make a copy of the Privacy Policy available to the parents or guardians of Child Users.

We also provide limited opportunities for individual users to sign up for a restricted account for at-home use of our Products (together, with Authorized School Users, “Authorized Users”). Please see Additional terms for Mathigon and Amplify Classroom accounts (Section 18) for additional information.

1. License

Subject to compliance with this AUP, you are granted a non-transferable, non-exclusive, non-sublicensable license to access and use the Products. You understand that your use of the Products does not confer to you any intellectual property rights held by Amplify or its licensors. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Products will be subject to this AUP. 

2. Restrictions

You may access and use the Products solely for non-commercial instructional and administrative purposes. Guidelines for such purposes may be set forth at http://amplify.com/amplify-program-usage-guidelines and additional guidelines may be detailed in materials associated with the Product You are accessing. Further, You may not, except as expressly authorized by Amplify: (a) copy, modify, translate, distribute, disclose, or create derivative works based on the contents of, sell, or otherwise exploit, the Products, or any part thereof; (b) decompile, disassemble, reverse engineer the Products, or otherwise use the Products to develop functionally similar products or services; (c) modify, alter, or delete any of the copyright, trademark, or other proprietary notices in or on the Products; (d) rent, lease, or lend the Products or use the Products for the benefit of any third party; (e) avoid, circumvent, or disable any security or digital rights management device, procedure, protocol, or mechanism in the Products; (f) use any content from the Products, including but not limited to text, images, videos, assessments, lesson plans, or code, as input or training material for any machine learning or artificial intelligence system, including large language models, neural networks, or other algorithmic models, for any purposes, commercial or non-commercial; or (g) permit any Authorized User or third party to do any of the foregoing. You also agree that any works created in violation of this section are derivative works, and, as such, You agree to assign, and hereby assign, all right, title, and interest in such works to Amplify. The Products and derivatives thereof may be subject to export control laws, restrictions, regulations, and orders of the U.S. and other jurisdictions (together, “Export Laws”). You agree to comply with all applicable Export Laws, and will not, and will not permit Authorized Users to, export, or transfer for the purpose of re-export, any Product to any prohibited or embargoed country in violation of any U.S. export law or regulation. Further, You represent that You are not located in a country that is subject to a U.S. Government embargo, subject to sanctions by the U.S. Office of Foreign Assets Control, or included on any restricted party list maintained by the U.S. Bureau of Industry and Security. The software and associated documentation portions of the Products are “commercial items” (as defined at 48 CFR 2.101), comprising “commercial computer software” and “commercial computer software documentation,” as those terms are used in 48 CFR 12.212. Accordingly, if You are associated with the U.S. Government or its contractor, You will receive only those rights set forth in this Agreement in accordance with 48 CFR 227.7201-227.7204 (for Department of Defense and their contractors) or 48 CFR 12.212 (for other U.S. Government licensees and their contractors).

3. Use of the products

In connection with your access to and use of the Products, you agree not to: (a) post, upload, or otherwise transmit or link to content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortious; defamatory; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory; (b) violate the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, contract, or other proprietary rights; (c) harass or harm another person; (d) exploit or endanger a minor; (e) impersonate any person or entity; (f) introduce or engage in activity that involves the use of viruses, bots, worms, Trojan horses, time bombs, spyware, or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized access to or use of a computer or a computer network; (g) interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Products or any account (as defined below), or Amplify’s servers or networks; (h) restrict or inhibit any other person from using the Products (including by hacking or defacing the Products); (i) remove, disable, block, or obscure any portion of the Products; (j) use technology or any automated system, such as scripts or bots, to collect user names, passwords, email addresses, or any other data from or through the Products, or to circumvent or modify any security technology or software that is part of the Products; (k) send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Products; (l) solicit, collect, or request any information for commercial or unlawful purposes; (m) post, upload, or otherwise transmit an image, audio recording, or video of another person without that person’s consent; (n) use the Products to advertise, promote, or engage in any commercial activity (including engaging in advertising, sales, contests, sweepstakes, or other promotions) without Amplify’s prior written consent; (o) frame or mirror the Products without Amplify’s express prior written consent; (p) use the Products in a manner inconsistent with any applicable law, rule, or regulation; (q) use any robot, spider, search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather content of the Products or reproduce or circumvent the navigational structure or presentation of the Products; (r) attempt, facilitate, or encourage others to do any of the foregoing. In addition to the foregoing restrictions, your use of the Products may also be subject to an additional acceptable use policy provided to you by your School, as applicable. You are responsible for meeting the hardware, software, telecommunications, and other requirements listed at amplify.com/customer-requirements.

4. Intellectual property

The Products and any Product logo, and certain other of the names, logos, and materials displayed in the Products, may constitute trademarks, trade names, or service marks (“Marks”) of Amplify or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Amplify or those other entities. The content provided to you in the Products, including the software, graphs, text, and graphics, is protected under copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Amplify or its licensors. Your access to the Products does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. You may not use the content of the Products, in whole or in part, to train or fine-tune any machine learning or artificial intelligence model or system, including for research, product development, commercial services, or any other purpose, commercial or non-commercial. Such use constitutes unauthorized derivative work and a violation of Amplify’s intellectual property rights. Your rights to make use of the Products are limited to those provided under this AUP, any additional terms as may be agreed upon between your School and Amplify, and any available exceptions under applicable intellectual property laws. Amplify Products are protected by patents (see amplify.com/virtual-patent-marking).

5. Account information

Your authentication to enable your access and use of these Products is based in part upon information supplied by you. You are required to (a) provide accurate information to Amplify and promptly report any changes to such information, (b) not share or allow others to use your account, (c) maintain the confidentiality and security of your account information, and (d) use the Products solely via such authorized accounts. You may not share your credentials (i.e., username and password) to access the Products with anyone except the person for whom that account was created. You agree to notify Amplify immediately of any unauthorized use of your account or related authentication information. Amplify will not be responsible for any losses arising out of the unauthorized use of your account.

6. Student data

The parties acknowledge and agree that in the course of providing the Products, Amplify may collect, receive, or generate information that directly relates to an identifiable current or former student of a School (“Student Data”). Student Data may include personal information from a student’s “educational records,” as defined by FERPA. Student Data is owned and controlled by the School and Amplify receives Student Data as a “school official” under Section 99.31 of FERPA for the purpose of providing the Products hereunder. Individually and collectively, Amplify and School agree to uphold our obligations, as applicable, under FERPA, COPPA, the Protection of Pupil Rights Amendment (“PPRA”), and applicable state laws relating to Student Data privacy. Amplify’s Privacy Policy governs the collection, use, and disclosure of Student Data collected or stored on behalf of the School under this AUP. The School is responsible for providing notice or obtaining appropriate consents under applicable laws to authorize Authorized School Users’ use of the Products, including making a copy of the Privacy Policy available to the parents or guardians of Child Users. Please see Additional Terms for Mathigon and Amplify Classroom accounts (Section 18) for additional information.

7. Confidentiality

You acknowledge that in connection with these terms, Amplify may provide you with certain sensitive or proprietary information (“Confidential Information”), including software, source code, assessment instruments, research, designs, methods, processes, customer lists, training materials, product documentation, know-how, or trade secrets, in whatever form. You agree (a) not to use Confidential Information for any purpose other than use of the Products in accordance with the AUP, and (b) to take all steps reasonably necessary to maintain and protect the Confidential Information of Amplify in strict confidence. Confidential Information shall not include information that, as evidenced by your contemporaneous written records: (i) is or becomes publicly available through no fault of your own; (ii) is rightfully known to you prior to the time of its disclosure; (iii) has been independently developed by you without any use of the Confidential Information; or (iv) is subsequently learned from a third party not under any confidentiality obligation.  

8. User materials

You represent, warrant, and covenant that you have all the necessary rights, including consents and intellectual property rights, in connection with any data, information, content, and other materials provided to or collected by Amplify from you or on your behalf in connection with your use of the Products, including materials and content that you post, upload, transmit, email, or otherwise make available on, through, or in connection with the Products (“User Materials”), and that except as otherwise agreed by your School and Amplify, you retain any ownership rights that you have in your User Materials. You hereby grant to Amplify and its affiliates, licensees, and authorized users, a perpetual, non-exclusive, fully paid-up, royalty-free, sublicensable (through multiple tiers), transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Materials in connection with the Products, subject to Amplify’s Privacy Policy. You and your School are responsible for the accuracy, integrity, completeness, quality, legality, and safety of such User Materials. You further represent and warrant that the posting of such User Materials through or in connection with the Products does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. Amplify and your School reserve the right (but have no obligation) to monitor the Products, including for inappropriate content or conduct, and to remove any content in their discretion without liability to you or any third party. Further, Amplify reserves the right to investigate and take appropriate legal action against anyone who, in Amplify’s discretion, violates this AUP or attempts to do so, including terminating or suspending a user’s account or access to or use of the Products, or reporting any content or conduct to law enforcement authorities. You are solely responsible for creating and maintaining your own backup copies of your User Materials. Amplify is not responsible for any loss, theft, or damage of any kind to any User Materials. 

9. Feedback

If you provide us with any ideas, proposals, or suggestions related to the Products (“Feedback”), you hereby acknowledge and agree that your provision of any Feedback is gratuitous, unsolicited, and without restriction, and does not place Amplify under any fiduciary or other obligation. You hereby grant to Amplify a worldwide, royalty-free, fully paid-up, exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license to reproduce, distribute, perform and/or display (publicly or otherwise), adapt, modify, and otherwise use such Feedback, in any format or media now known or hereafter developed, and you hereby represent and warrant that you have all necessary rights to grant the foregoing license.

10. Third party links and services

The Products may make available, or third parties may provide, links to websites, software, applications, resources, advertisements, content, or other products or services created, hosted, or made available by third parties (“Third Party Services”). When you access or use a Third-Party Service, you are interacting with the applicable third party, not with Amplify, and you do so at your own risk. Inclusion of any Third-Party Service or a link thereto within the Products does not imply approval or endorsement of such Third-Party Service. Amplify does not control any content that is not Amplify content, and as such, you may be exposed to offensive, indecent, inaccurate, or otherwise objectionable content in the course of accessing or using such Third-Party Services linked from the Products. You are solely responsible for your interactions with other users of the Products, providers of Third-Party Services, and any other third parties with whom you interact on, through, or in connection with the Products. AMPLIFY IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY THIRD-PARTY SERVICES, INCLUDING THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, OR SAFETY OF, OR INTELLECTUAL PROPERTY RIGHTS RELATING TO, SUCH THIRD-PARTY SERVICES. ANY ACCESS TO OR USE OF SUCH THIRD-PARTY SERVICES MAY BE SUBJECT TO THE TERMS AND CONDITIONS AND INFORMATION COLLECTION, USAGE, AND DISCLOSURE PRACTICES OF THIRD PARTIES. THIS AUP DOES NOT CREATE ANY RELATIONSHIP BETWEEN YOU AND ANY PROVIDER OF THIRD-PARTY SERVICES, AND NOTHING IN THIS AUP WILL BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY AMPLIFY WITH RESPECT TO ANY THIRD-PARTY SERVICE.

11. Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any material residing on or linked to from the Products infringes your copyright, please send (or have your agent send) to Amplify’s Copyright Agent, by email, fax, or regular mail, a written notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Products (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, the copyright owner’s agent or the law; (e) a statement by you that the above information in your notification is accurate, and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed, or that you are authorized to act on such owner’s behalf; and (f) your physical or electronic signature. Amplify’s Copyright Agent for notification of claimed infringement can be reached as follows: Amplify Education, Inc., 55 Washington Street #800, Brooklyn NY 11201; Attn: Copyright Agent. Amplify’s Copyright Agent for notification of claimed infringement can also be reached electronically at legal@amplify.com. Amplify reserves the right to terminate infringers’ and suspected infringers’ accounts or their access to or use of the Products.

12. Changes to the products

Amplify may, without prior notice, change any Product or stop providing any features of any Product. We may permanently or temporarily terminate or suspend your access to any Product features without notice for any reason, including if in our sole determination you violate any provision of this AUP. Upon termination, you continue to be bound by this AUP.

13. Warranty disclaimer

PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND BY AMPLIFY. AMPLIFY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCTS TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE ACCESS AND USE OF THE PRODUCTS, INCLUDING THE RESULTS OBTAINED FROM THE PRODUCTS. WITHOUT LIMITING THE FOREGOING, AMPLIFY MAKES NO WARRANTY THAT THE PRODUCTS WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS. AMPLIFY IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY THIRD-PARTY CONTENT OR SOFTWARE INCLUDED IN PRODUCTS, INCLUDING THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, OR SAFETY OF, OR IP RIGHTS RELATING TO, SUCH THIRD-PARTY CONTENT AND SOFTWARE. ANY ACCESS TO OR USE OF SUCH THIRD-PARTY CONTENT AND SOFTWARE MAY BE SUBJECT TO THE TERMS AND CONDITIONS AND INFORMATION COLLECTION, USAGE, AND DISCLOSURE PRACTICES OF THIRD PARTIES.

14. Limitation of liability

IN NO EVENT WILL AMPLIFY BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR COVER DAMAGES, DAMAGES FOR LOST PROFITS, LOST DATA, LOST BUSINESS, OR ANY OTHER INDIRECT DAMAGES, EVEN IF AMPLIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AMPLIFY’S ENTIRE LIABILITY TO YOU ARISING OUT OF PERFORMANCE OR NONPERFORMANCE BY AMPLIFY OR IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS AUP, REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WILL NOT EXCEED $100 IN AGGREGATE. UNDER NO CIRCUMSTANCES WILL AMPLIFY BE LIABLE FOR ANY CONSEQUENCES OF ANY UNAUTHORIZED USE OF THE PRODUCTS THAT VIOLATES THIS AUP OR ANY APPLICABLE LAW OR REGULATION.

15. Termination

Amplify may terminate or suspend your access to the Products at any time for any reason, including if Amplify believes that you have violated the AUP or have engaged in conduct that violates applicable law or is otherwise harmful to the interests of Amplify, any other Amplify user, or any third party. Upon termination, you will: cease using the Products and return, purge, or destroy all copies of any Products and, if so requested, certify to Amplify in writing that such surrender or destruction has occurred. Sections 3–13, 16, and 17 will survive the termination of this Agreement.

16. Governing Law

This Agreement will be governed by and construed and enforced in accordance with the laws of the U.S., state of New York, without giving effect to the choice of law rules thereof.

17. Additional terms for iOS apps

By downloading any Products through Apple, Inc.’s App Store (“iOS Products”), you agree that the following additional terms apply to your use of our iOS Products:

1. This AUP is not a legal agreement with Apple, Inc. (“Apple”). As between Amplify and Apple, Amplify (not Apple) is responsible for the iOS Products and the contents thereof.
2. The license to use the iOS Products under Section 3 above is limited to use (i) on iOS devices that you or your School owns or controls, separate from and in addition to any specific technical requirements for any iOS Product, and (ii) as permitted by the Usage Rules set forth in Apple Media Services Terms and Conditions.
3. You must comply with applicable third-party terms of agreement when using the Products.
4. Without limiting Section 13 above and solely as between Amplify and Apple, you acknowledge that: (i) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Products; (ii) Amplify (not Apple) is responsible for addressing any claims of yours or of any third party relating to the iOS Products or your possession and/or use of the iOS products, including but not limited to (1) product liability claims, (2) any claim that the iOS Products fail to conform to any applicable legal or regulatory requirement, and (3) claims arising under consumer protection, privacy, or similar legislation; (iii) in the event of any failure of the iOS Products to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS Products to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS Products, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Amplify’s sole responsibility; and (iv) in the event of any third-party claim that the iOS Products or your possession and use of the iOS Products infringes that third party’s intellectual property rights, Amplify (not Apple) will be responsible for any investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
5. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
6. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
7.  Any questions, complaints, or claims with respect to the Products should be directed to: 

Email: privacy@amplify.comMail: Amplify Education, Inc., 55 Washington St. #800, Brooklyn, NY, 11201

18. Additional terms for Mathigon and Amplify Classroom accounts.

a. Mathigon updates: Amplify no longer offers accounts for Child Users, but we will continue to allow Child Users to access their active legacy Mathigon accounts where verifiable parental consent was obtained. We will continue to protect personal information in accordance with the Privacy Policy and applicable law.

b. Mathigon and Amplify Classroom:

i. School Use:

1. Educators: If you are an Educator, you can create a Mathigon or an Amplify Classroom account using any existing email or through an existing third-party account (e.g. Google, Microsoft). Go to https://mathigon.org/signup#teacher  to sign up for Mathigon. Go to classroom.amplify.com to sign up for Amplify Classroom.
2. Students can also sign up using a unique class code provided by an Educator. Educators are responsible for gaining appropriate authorization or permission from their School to use the Products with students, including Child Users, before providing their unique class code or linking the Products to a third-party service like Google Classroom. For such use in the school context, we do not request additional consent from parents in accordance with the “school official” exception under FERPA and relevant COPPA guidance. For more information, visit our Privacy Policy, which describes how we collect, use, and disclose personal information and data through the provision of our Products in schools. 

ii. Outside of School Use: If you are an individual user using the Products at home or otherwise outside of the school context, you are prohibited from collecting or providing any personal information from students or minors. You are permitted to access the platform for instructional purposes, but you may not enroll or roster minors, create accounts for minors, or input any personal information of minors into the Product.

19. Updates to this policy

We may change this Acceptable Use Policy in the future. For example, we may update it to address changes in our product offerings, or to address changes in the law or best practices. If we make changes that materially impact your legal rights or use of our products, we will provide prominent notification to you (e.g. via the Site or by email).  Otherwise, we will post any updates to the policy with an updated “Last Revised Date” and all changes will become effective immediately. Please check the Last Revised Date to confirm if the policy has been revised.

Last Modified: February 2, 2026

Website Privacy Policy

Last Modified:  February 2026

Update: February 2, 2026: This Privacy Policy has been updated to address additional rights for individuals in the European Union/UK.

Below is the Website Privacy Policy for the amplify.com site (“Privacy Policy”). For purposes of clarity and as further outlined below, this Privacy Policy does not apply to student data. You can visit this page to read about the principles and policy governing student data collected and maintained on behalf of our school customers.

We advise you to read this Privacy Policy in its entirety, including the jurisdiction-specific provisions in the appendix. Our Notice at Collection for California Residents is available in the Notice for our California Customers.

Who We Are / What This Privacy Policy Covers

Amplify Education, Inc. (“Amplify”) recognizes the importance of protecting the privacy and security of your personal information. This Privacy Policy describes our practices in connection with information that we may collect through your use of this website (the “Site”).

This Privacy Policy does not apply to Amplify’s handling of:

• student data or other information collected from users of Amplify’s products that support classroom instruction and learning, which are governed by our Customer Privacy Policy.
• staff or applicant data that we process in accordance with our staff or applicant privacy notice, respectively.

If you have any question as to what legal agreement or privacy policy controls the collection and use of your information, please contact us using information below in the Contact Us section.

This Privacy Policy is incorporated into and is subject to our Website Terms of Use, which governs your use of the Site.

Our Role: We are the controller of all personal information (as defined below) that we receive through our Site and can be reached by email at privacy@amplify.com or by mail at Amplify Education, Inc., 55 Washington St.#800, Brooklyn, NY, 11201.

1. What personal information do we collect?

When you visit and / or interact with our Site, we may collect the following information about you that, alone or in combination, could be used to identify you or your device (“personal information”):

• Contact Information, such as name, district / school name, professional affiliation, title / role, email address, shipping address, address and phone number.
• Account Information, such as customer user login and password. 
• Demographic Information, such as age and gender.
• Information You Submit, such as information voluntarily provided on message boards, feedback sections, and other public areas of the Site.
• Site Activity Information, which is collected when you access and interact with the Site, we and our Service Providers (as defined below) may collect certain information about those visits. For example, we or our Service Providers may receive and record information about your computer and browser, including your IP address, browser type, and other software or hardware information. If you access the Site from a mobile or other device, we may collect a unique device identifier assigned to that device, or other characteristics of the device hardware, operating system and configurations for that device. On certain pages of the Site, we may use third party tools to help us look at mouse movements, clicks, keystrokes, data or text entered, and the pages you visit.
• Location Information, such as state, country and / or zip code, which we use to help us customize your experience, as well as to help us facilitate your privacy rights.
• Audio, electronic, visual, or similar information: such as customer service interactions, call recordings, chat transcripts, files you attach, and email, text, or other correspondence.

If you make a purchase through our online store, you may provide payment and other information directly to our third party e-commerce platform to complete your purchase.

We ask that you not send us, and you not disclose, any government identifiers (such as social security numbers) or information related to racial or ethnic origin, health, or criminal background on or through the Site or otherwise.

2. Where/How do we collect personal information?

Amplify may collect personal information directly from you at various points, including the following:

• Product Information and Newsletters. When you submit a request to obtain information about our products, services or other informational material or subscribe to one of our newsletters, you may be asked to submit information such as name, professional affiliation, email address, company name, address and phone and details on your query or interests in our products and services. This information is collected to help us process your request.
• Customer Support. When you submit a form to contact our customer service, you may be asked to submit information such as name, e-mail, district, customer user login and password and details on your query. In addition, some features of our Site, such as our customer live chat functionality or other customer service systems may allow you to voluntarily provide personal information to us. This information is collected to help us process your request. Please only provide what is needed to facilitate the support request.
• Product Orders. If you use e-commerce areas of our Site to order our products, we request information from you on our order form. To purchase products through the Site, you must provide contact information (such as name and shipping address) and financial information (such as credit card number). This information is used for billing purposes and to fill your orders. We will also use this information to contact you to confirm your order or to inform you of any issues or delays.
• Registration. You may be asked to submit information to use certain parts of the Site (such as posting comments on certain areas of the Site), register for an event or webinar, or view restricted content that may be available on the Site. For instance, you may be asked to provide your name, email address and event or webinar-related preferences to help us process your registration or content request.
• Public Areas and Discussion Forums. Any information you share in public areas, such as message boards or feedback sections, becomes public. Please be careful about what you disclose and do not post any personal information that you expect to keep private.
• Contests and Sweepstakes. When we run a contest or sweepstakes relating to the Site or Amplify, it will be accompanied by a set of rules. The rules for each contest/sweepstakes will specify how the information gathered from you for your entry will be used and disclosed.

As you visit or use our Site, we may collect Site activity information through cookies and similar technologies.

• Cookies, Pixels, and Other Tracking Technologies. Cookies and other tracking technologies (such as pixels, beacons, and Adobe Flash technology) are small data files that are placed on your computer or mobile device when you visit a website. They allow the website or mobile app to remember your actions and preferences over a period of time. We use the following types of cookies:
  • Strictly necessary cookies – These are cookies that are required for the operation of our Site. They include, for example, cookies that enable you to log into secure areas of our Site. These cookies are not generally stored beyond the browser session and are less likely to include personal information. This category of cookies cannot be disabled.
  • Functionality Cookies – We use these cookies so that we recognize you on our Site and remember your previously selected preferences. These cookies are stored on your device between browsing sessions but expire after a pre-defined period. These cookies enable our Site to “recognize” you when you use our Site, including your preferences such as your preferred language , time, and location. A mix of first party (placed by us) and third-party cookies (placed by third parties) are used.
  • Analytics Cookies – These cookies help us and our Service Providers compile statistics and analytics about users of the Site, including Site Activity Information. For example, we use Google Analytics to help us understand how users interact with the Platform. Google Analytics uses cookies to track your interactions with the Site, then collects that information and reports it to us. This information helps us improve the Site so that we can better serve you. To learn more about Google Analytics, visit https://support.google.com/analytics/answer/6004245?hl=en. If you wish, you can opt-out of Google Analytics by installing the Google Analytics Opt-out Browser Add-on, available on https://tools.google.com/dlpage/gaoptout.
  • Advertising Cookies – We use these cookies to collect information about your visit to our Site, the content you viewed, the links you followed and information about your browser, device, and your IP address. We sometimes share some limited aspects of this data with third parties for advertising purposes. We may also share Site Activity Information collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our Site.

For information on how to opt-out of these technologies, please see What Choices Do You Have? below.

• Social Plugins. Certain areas of our Site permit you to utilize social media functionality, such as the Facebook “Like” or Google “+1” buttons (“Social Plugins”). To use a Social Plugin, you must authorize the third-party provider of that Social Plugin, e.g. Facebook or Google, to access, collect, and/or disclose your information related to your use of that Social Plugin, subject to that company’s privacy policies, which may differ from this Privacy Policy. In addition, such providers may be able to collect information about you, including your activity on the Site, and they may notify your connections on their social networking platform about your use of the Site. Such services may also employ unique identifiers that allow your activity to be monitored across multiple websites for purposes of delivering more targeted advertising to you.

Amplify also receives information from other sources.

• Information from Other Sources. We may supplement any information we collect via this Site with information from publicly or commercially available sources.

3. How do we use personal information?

We may use any personal information and other information we collect from and about you for the following purposes and as described elsewhere in this Privacy Policy:

• To provide and manage the Site. We use the personal information we collect from and about you to provide the Site and features to you, including to measure and improve its services and features, to personalize your experience by delivering relevant content, to deliver marketing messages, to allow you to comment on content, to provide you with customer support, and to respond to inquiries. We may also use and disclose aggregate or anonymous data about your use of and activity on the Site to assist us in this regard and for any other purpose.
• To contact you. Amplify may periodically send promotional materials (e.g., newsletters) or notifications related to the Site and to Amplify’s business to the contact information you provided to us at registration.
• To improve our products and services. We may use your personal information for our business purposes, such as data analysis, audits, developing new products and services, enhancing the Site, improving our services, identifying usage trends, and determining the effectiveness of our promotional campaigns.
• For marketing and advertising. We may use your personal information to help us market our products to you or your school district.

4. To whom do we disclose personal information?

We may disclose any personal information and other information we collect from and about you for the following purposes and as described elsewhere in this Privacy Policy:

• To share with our affiliated education companies. Amplify may share your personal information with Amplify’s affiliated education companies for the purposes described in this Privacy Policy.
• To allow service providers to assist us. We may engage third party service providers, agents and partners (“Service Providers”) to perform functions on our behalf, such as analytics, credit card processing, shipping or stocking orders and providing customer service. We may disclose your personal information to such Service Providers to enable them to assist us in these efforts.
• To allow our marketing and advertising partners to assist us. We may engage marketing and advertising partners to help us market and advertise our products and services, including via digital ads sent in connection with your visit to the Site. We may disclose Site Activity information, as well as contact information and other aggregate insights to such partners to enable them to assist us in these efforts.
• To protect the rights of Amplify and our users. There may be instances when Amplify may disclose your personal information, in situations where Amplify has a good faith belief that such disclosure is necessary or appropriate in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, operations, or property of Amplify, our parents, subsidiaries or affiliates or our or their employees, agents and contractors (including enforcement of our agreements, including our terms of use); (ii) protect the rights, safety, privacy, security or property of users of the Site or others; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process, including laws outside your country of residence; (v) respond to requests from public and government authorities, including those outside your country of residence; or (vi) allow us to pursue available remedies or limit the damages that we may sustain.
• To complete a merger or sale of assets. If Amplify sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger, transfer or other disposition of all or part of its business, assets or stock (including in connection with any bankruptcy or similar proceedings), Amplify may transfer your personal information to the party or parties involved in the transaction.

5. What rights and choices do you have?

Opt-out of Marketing Communications. If you want to stop receiving promotional materials from Amplify, you can follow the unsubscribe instructions at the bottom of each email. There are certain service notification emails that you may not opt-out of, such as notifications of changes to the Site or policies. If you have additional questions, please contact us using information below in the Contact Us section.

Opt-of Cookies and Similar Tracking Technologies. There are a few ways to opt out or delete cookies.

• On Your Browser. Most browsers are initially set to accept cookies, but your browser may permit you to change your settings to notify you of a cookie being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information. Please note that by blocking any or all cookies you may not have access to certain features, content or personalization that may be available through the Site. Please also note that you must opt out separately on each device (including each web browser on each device) that you use to access our Site if you wish to opt out, and if you clear your cookies or if you use a different browser or device, you will need to renew your opt-out preferences.
• Interest-Based Advertising. Some advertisers and marketing companies participate in the self-regulatory programs of the Digital Advertising Alliance (“DAA”) and European Interactive Digital Advertising Alliance (“eDAA”) in connection with online interest-based advertising. DAA and eDAA provide consumers with the ability to opt out of receiving interest-based advertising from their program participants at the following links:
  • https://optout.aboutads.info/?c=2&lang=EN
  • https://youradchoices.com/appchoices
  • https://www.youronlinechoices.eu/

What Rights Do You Have?

• Please see section 3 of our supplemental disclosures: “Additional U.S. State Privacy Law Rights” for information about your U.S. privacy rights
• Please see section 4 of our supplemental disclosures: “Notice for European Economic Area and United Kingdom Customers” for information about your EU/UK privacy rights.

6. Security

Amplify uses commercially reasonable administrative, technical, personnel and physical measures to safeguard personal information in its possession against loss, theft and unauthorized use, disclosure or modification.

7. Data retention / Deletion

We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law. Even after we have deleted your personal information from our systems, copies of some information from your account may remain viewable in some circumstances – where, for example, you have shared information with social media platforms and other unaffiliated services. We may also retain backup information related to your account on our servers for some time after cancellation for fraud detection or to comply with applicable law or our internal security policies. Because of the nature of caching technology, your account may not be instantly inaccessible to others, and there may be a delay in the removal of the content from elsewhere on the Internet and from search engines.

8. Data Storage and Transfers

We are a United States Company, and our servers are hosted, managed, and controlled by us in the United States. If you are outside of the United States, we use industry standards to protect your data when it leaves your country of residence and your data will always be protected in accordance with this Privacy Policy, Applicable Laws and our Agreement regardless of the storage location.

Additionally, where we transfer your personal information to service providers outside of the United Kingdom (UK), European Economic Area (EEA), or other region that offers similar protections, we use specific appropriate safeguards to contractually obligate such service providers to protect personal information in accordance with Amplify’s commitment to privacy and security and applicable data protection laws.

If you have questions or wish to obtain more information about the international transfer of your personal information or the implemented safeguards, please contact us using the contact information below.

9. External third-party services

The Site may be linked to sites operated by unaffiliated companies, and may carry advertisements or offer content, functionality, games, newsletters, contests or sweepstakes, or applications developed and maintained by unaffiliated companies. Amplify is not responsible for the privacy practices of unaffiliated companies, and once you leave the Site via a link or enable an unaffiliated service, you are subject to the applicable privacy policy of the unaffiliated service.

10. Updates to this policy

Amplify may modify this Privacy Policy. Please look at the Last Revised Date at the top of this Privacy Policy to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Site. If you do not wish to be bound by the terms of the revised Privacy Policy, you must discontinue your use of the Site.

11. Contact us

If you have questions about this Privacy Policy, please contact us at:

Email: privacy@amplify.com
Mail: Amplify Education, Inc.
55 Washington St.#800
Brooklyn, NY, 11201
Phone: (800) 823-1969
Attn: General Counsel

Appendix – Supplemental Disclosures

1. Notice for our California Customers

We retain your personal information for as long as you are an active user of our Site or continue to have an account with us, and in accordance with our legal obligations (which may require us to hold information to provide financial and other reporting and to defend against potential claims). If you are a California resident, please see below for information about your rights pursuant to California law.

Personal Information We Collect	How We Use Personal Information
Contact Information	To provide you with customer support and respond to inquiries. To contact you with promotional emails (e.g. newsletters) or notifications related to the Site To help us verify the identity of our user As otherwise required or permitted by law, or as we may notify you at the time of collection
Account Information	To provide and manage the Site To improve our products and services As otherwise required or permitted by law, or as we may notify you at the time of collection
Payment Information	To complete your payment of purchases made through the Site For internal operations (e.g. to improve and update our products) For security and fraud prevention As otherwise required or permitted by law, or as we may notify you at the time of collection
Information You Submit	To provide the Site and features to you, including to allow you to comment To improve our products and services As otherwise required or permitted by law, or as we may notify you at the time of collection.
Site Activity Information	We sell or share information about your Site activity with third parties for targeted advertisements on and off of Amplify. We also use this information to: To provide and manage the Site To improve our products and services For internal operations (e.g. to improve and update our products) For security, safety, and due diligence purposes As otherwise required or permitted by law, or as we may notify you at the time of collection
Location Information	We use location information , such as state, country and / or zip code, which we use to help us customize your experience, as well as to help us facilitate your privacy rights.
Inferences	We may make inferences about your interests and personal preferences (such as the content you like to consume). We also use this information to: To personalize your experience on the Site For internal operations (e.g. to improve and update our products) As otherwise required or permitted by law, or as we may notify you at the time of collection

Some of the information described above may be considered “sensitive” under the laws of certain jurisdictions (including payment information and account login credentials (“Sensitive Information”). Whether information is Sensitive Information will depend on the laws of your jurisdiction. We only use Sensitive Information, such as payment information and account credentials for necessary or reasonably expected purposes – specifically, to provide you with our Services (i.e., fulfill purchases and to allow account logins).

Shine the Light

California’s Shine the Light law (Civil Code § 1798.83) permits California residents to request certain information regarding our disclosure of certain categories of personal information to third parties for their own direct marketing purposes in the preceding calendar year. We do not share personal information, as defined by California’s Shine the Light law, with third parties for their own direct marketing purposes.

Notice of Financial Incentive 

 As part of our services, there may be opportunities for you to complete surveys and questionnaires. As an incentive for completing the survey or questionnaire, you can voluntarily provide your personal information, which in turn enters you into a raffle drawing or enables us to provide you with other benefits, discounts, offers, or deals that may constitute a financial incentive under California law (“Financial Incentive”). The categories of personal information required for us to provide the Financial Incentives include: contact information and any other information that you choose to provide when you complete the survey.

Participation is voluntary and you can opt out at any time before your survey is complete.

The value of the personal information we collect in connection with our Financial Incentives is equivalent to the value of the benefit offered.

2. Additional U.S. State Privacy Law Rights

Residents of certain U.S. states have the following rights, regarding your personal information (each of which are subject to various exceptions and limitations):

• Access. You have the right to request, up to two times every 12 months, that we disclose to you the categories of personal information collected about you, the categories of sources from which the personal information is collected, the categories of personal information sold or shared, the business or commercial purpose for collecting, selling, or sharing the personal information, the categories of third parties with whom personal information was shared, and the specific pieces of personal information collected about you.
• Correct. You have the right to request that we correct inaccurate personal information collected from you. 
• Deletion. You can request that we delete your personal information that we maintain about you.
• Opt-out (Do Not Sell or Share My Personal Information). Under several U.S. state privacy laws, consumers have the right to opt-out of the “sale” of their personal information (defined very broadly to include situations where we provide personal information to partners who provide advertising services to us) and the “sharing” of personal information in connection with the display of targeted advertising across third party websites. While we do not sell your personal information, we do share it in connection with our advertising efforts. Please also note that we do not knowingly sell or share the Personal Information of minors under 16 years of age.

We also honor the Global Privacy Control, a browser-based opt-out signal. We do not respond to other browser-based signals that do not meet applicable state law requirements, which may include older Do Not Track signals.

• No Discrimination. You have the right not to be discriminated against for exercising these rights.
• Appeals. You have a right to appeal decisions concerning your ability to exercise your consumer rights. 
• Submission of Requests. You may exercise the above rights by emailing us at privacy@amplify.com. Note that we may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate customer requests.
• Authorized Agent. You may designate an authorized agent to make a request on your behalf. When submitting the request, please ensure the authorized agent identifies himself/herself/itself as an authorized agent and can show written permission from you to represent you. We may contact you directly to confirm that you have authorized the agent to act on your behalf or confirm your identity.
• Verification. Whether you submit a request directly on your own behalf, or through an authorized agent, we will take reasonable steps to verify your identity prior to responding to your requests. The verification steps will vary depending on the sensitivity of the personal information and whether you have an account with us.

3. Notice for European Economic Area and United Kingdom Customers

As detailed at the beginning of our Privacy Policy (under the section titled “Our Role”), Amplify acts as a controller with respect to personal information collected as you interact with our Site.

Lawful Basis for Processing

We rely on the following lawful bases for our processing activities:

• Consent;
  • We obtain your consent to collect and process device and usage data via cookies on our Site to understand how individuals use our Site and to help us measure the effectiveness of our advertising and marketing campaigns.
• Pursuant to a contract with the user of our Site;
  • We process all categories of personal information that we collect to provide and manage our Site, including payment processing, where this is required in order for us to perform our obligations under our contract with you.
• To comply with our legal obligations;
  • We process all categories of personal information that we collect to ensure the safety and security of our Site where we are complying with security requirements under data protection and cyber and information security law.
  • We process all categories of personal information that we collect to comply with our legal obligations which includes, for example, to access, retain or share certain personal information where we receive a valid request from a government body, law enforcement body, judicial body regulator or similar, to deal with legal claims and prospective legal claims, and to ensure we are complying with applicable laws.
• When we have a legitimate interest in doing so, which is not outweighed by the risks to the individual. We rely on our legitimate interest to process all categories of personal information:
  • to provide, manage, and improve the Site where such activities are not strictly required under our contract, including personalizing your experience on the Site.
  • to ensure the safety and security of our Site where this is important but not required under the data protection law or cyber and information security laws.
  • to respond to queries or otherwise communicate with you in relation to our Site and the operation of our business where this is not strictly required under a contract with you.
  • internal research and certain marketing purposes (e.g. to periodically send newsletters and other promotional materials), which will not be based on Student Data or directed to K–12 students.

Your Data Subject Rights

If you are located in the EEA/UK, you have the following rights, subject to certain exceptions:

• Right of access: You have the right to ask us for confirmation on whether we are processing your personal information and access to that personal information.
• Right to correction: You have the right to have your personal information corrected.
• Right to erasure: You have the right to ask us to delete your personal information.
• Right to withdraw consent: You have the right to withdraw consent that you have provided.
• Right to lodge a complaint with a supervisory authority: You have the right to lodge a complaint with a supervisory authority.
• Right to restriction of processing: You have the right to request the limiting of our processing under limited circumstances.
• Right to data portability: You have the right to receive the personal information that you have provided to us, in a structured, commonly used, and machine-readable format, and you have the right to transmit that information to another controller, including to have it transmitted directly, where technically feasible.
• Right to object: You have the right to object to our processing of your personal information

To exercise any of these rights, contact us as set forth in the section entitled “Contact Us” above and specify which European privacy right you intend to exercise. We may require additional information from you to allow us to confirm your identity. Please note that we store information as necessary to fulfill the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.

Complaints

If you have any issues with our compliance, you have the right to lodge a complaint with an EEA or UK supervisory authority. We would, however, appreciate the opportunity to address your concerns before you approach a data protection regulator, and would welcome you directing an inquiry first to us. To do so, please contact us by email at privacy@amplify.com or by mail at Amplify Education, Inc., 55 Washington St.#800, Brooklyn, NY, 11201.