Prisma Terms of Service

Last Updated: April 30, 2025

By enrolling at Prisma Learning, Inc. (“Prisma”) you agree to all terms, conditions, and notices contained or referenced in these Prisma Terms of Service ("Terms"). These Terms apply to and govern your participation in Prisma’s education program (“Prisma Learning”) and your use of all curriculum, materials, information, software, content, products, and education and support services that are owned or licensed by Prisma, and included in, or available through Prisma Learning (“Prisma Content”), as well as any content owned or licensed by a third party content provider that is included in, or available through Prisma Learning with that third party's permission ("Third Party Content", Prisma Content and Third Party Content, collectively "the Content"). References to “you” and “your” include any participant in Prisma Learning (“Participant”) as well as such Participant’s parent(s) or legal guardian(s) (“Parent”). The Parent shall cause the Participant to comply with these Terms. The Parent at all times remains responsible for Participant’s compliance with these Terms.

THESE TERMS CONTAIN A WAIVER OF CLASS ACTIONS. PLEASE READ ALL OF THE TERMS CAREFULLY. PLEASE BE AWARE THAT SECTION 14 CONTAINS AMONG OTHER THINGS, AN AGREEMENT TO ARBITRATE, WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND PRISMA BE RESOLVED BY BINDING AND FINAL ARBITRATION. ****UNLESS YOU OPT OUT OF SECTION 14 WITHIN THIRTY (30) DAYS AFTER FIRST BECOMING SUBJECT TO THESE TERMS: (1) YOU AND PRISMA WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND EACH OF US WAIVES OUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) EACH OF US IS WAIVING OUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL, EXCEPT AS SET FORTH IN SECTION 14.

Admission. To be admitted into Prisma Learning, you must apply through Prisma’s online application process and meet the admission requirements set forth by Prisma and communicated to you via Prisma’s online websites. The admission requirements may be updated from time to time, and any waiver of any individual requirement is at Prisma’s sole discretion. Once admitted, you must continue to comply with all admission requirements throughout your enrollment in Prisma Learning. Failure to meet any of the admission requirements at any time during your participation in Prisma Learning may result in your immediate removal from Prisma Learning without refund.
1. Perpetual Enrollment. You understand and agree that this is a perpetual enrollment agreement and will remain in effect as long as Participant is enrolled in Prisma Learning. The Terms shall remain in effect until terminated in accordance with Section 6 or until Participant’s graduation. Fees will be charged at the amounts and cadence as set forth in Section 5 and will continue to be charged until these Terms are terminated.
2. Discretion of Prisma Learning. Notwithstanding anything to the contrary, these Terms entitle Participant to enrollment only for the then current school year. In addition to timely payment of all tuition and fees, successful completion of the prior school year and approval of Prisma Learning are required for renewal into the next school year. Successful completion of the prior school year is determined at Prisma Learning’s sole and absolute discretion. In addition, Participant and Parent acknowledge and agree that Prisma Learning may withdraw or dismiss any Participant if, in Prisma Learning’s sole and absolute discretion, Prisma Learning concludes that such Participant’s, or its Parent’s or any other family member’s behavior, attitude and/or adverse influence does not coincide with the core values and best interest of Prisma Learning.
Access and Limited License. Access to Prisma Learning and Content is for the benefit of the Participant. Prisma grants you the non-exclusive, non-transferable, limited right to access, visit, use, and view Prisma Learning and Content, solely for your own personal non-commercial use in connection with Prisma Learning, provided that you keep intact all copyright and other proprietary notices. Use of Prisma Learning or Content for any purpose not expressly permitted in these Terms is prohibited. Each Participant will have a username and password (the "Log-in Information") for the purpose of accessing Prisma Learning and the Content. You must keep all Log-in Information strictly confidential, and all Log-in Information may be used only by the assigned Participant. You are responsible for maintaining the security and confidentiality of all Log-in Information and for preventing access to Prisma Learning and/or the Content by unauthorized persons using a Participant's Log-in Information. You are responsible for any and all activities that occur under your account. You must notify Prisma immediately of any unauthorized use of your account or any other breach of security.
Use Restrictions. You may not (1) remove, obscure, or alter the Content or Prisma Learning in any way except as agreed to in writing by Prisma, (2) use the Content or Prisma Learning in any manner that could damage, disable, overburden, or impair any Prisma server or the network(s) connected to any Prisma server, or interfere with any other party's use and enjoyment of Prisma Learning, (3) gain or attempt to gain unauthorized access to any accounts, computer systems, or networks connected to any Prisma server through hacking, password mining, or any other means, or (4) obtain or attempt to obtain any materials or information through any means not intentionally made available through Prisma Learning. Any use of Prisma Learning or Content for the following purposes is strictly prohibited. By participating in Prisma Learning you agree that you will NOT:
1. Send, receive, or display pornographic, obscene, sexually explicit material, or any material harmful to minors;
2. impersonate any person or entity (through the use of their password or other means), including any employee or representative of Prisma;
3. copy or distribute content included in Prisma Learning (including postings in virtual classrooms, social media, on the message boards, or curriculum materials, including answer keys) without the owner's permission;
4. solicit or collect information about other participants, especially for the purpose of transmitting, or facilitating transmission of, unsolicited or bulk electronic email or communications;
5. use the Prisma-provided communication services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
6. upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property;
7. solicit or collect personal information (including name, address, and phone number) from anyone under eighteen (18) years of age without verified parental consent;
8. display threatening or offensive material, including using swear words, offensive, vulgar, or obscene language;
9. display racist, prejudiced, or discriminatory messages or pictures;
10. violate any state or federal law;
11. reveal another participant’s personal address, phone number, or similar information to others without their consent or verified parental consent;
12. violate any copyright, trademark, patent, trade secret, or other intellectual property laws or otherwise use intellectual property of another individual or entity without the owner's permission—this includes providing links to and including other copyrighted or trademarked material from third parties in Prisma Learning without permission as well as using any trademarks, service marks, or other marks in social media or other websites without the owner's permission;
13. trespass in another's folders, work, or files;
14. promote commercial activities except as agreed to in writing by Prisma;
15. advertise products or services or engage in political lobbying;
16. defame, harass, insult, abuse, stalk, threaten, attack, or otherwise violate the legal rights (such as privacy and publicity) of another person or interfere with another person's work, including, but not limited to, sending unwanted messages or e-mail;
17. provide material support or resources to (or conceal the nature, location, source, or ownership of material support or resources of) any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
Your Obligations. You agree to comply at all times with all Prisma rules, guidelines, regulations, conditions, and policies, including but not limited to those set forth in any student handbook, learner playbook, or other Prisma documents whether provided online or through other means within Prisma Learning. You agree that you have read and agree to abide by all the rules, terms, and conditions of Prisma’s student and family handbooks. Furthermore, you agree that:
1. Access to Prisma Learning or Content may require you to install certain software applications and utilize certain third party services. You agree to be bound by any end-user agreements that govern the installation and use of such software applications or third party service platforms. Prisma is not responsible for the operation of any software applications or third party services nor the availability or operation of Prisma Learning or Content to the extent such availability and operation is dependent upon the software applications or third party services. You are solely responsible for procuring any and all rights necessary to access the software applications and third party services and for complying with any applicable terms or conditions thereof. Prisma does not make any representations or warranties with respect to any software applications, third party services, or third party providers. Any exchange of data or other interaction between you and third party provider is solely between you and such third party provider and is governed by such third party’s terms and conditions.
2. You will cooperate with Prisma in connection with the performance of these Terms by making available such information as may be reasonably required and taking such other actions as Prisma may reasonably request.
3. You will execute any required consents necessary to participate in Prisma Learning, including any Children’s Online Privacy Protection Act (“COPPA”) consents and Prisma will be under no obligation to to provide any services under Prisma Learning until it receives any required consents.
4. Parent will designate an individual adult, and provide an email address for such adult, who will be the primary contact for all communications with Prisma (“Primary Contact”). Parent may change the individual designated as Primary Contact at any time by providing written notice to Prisma.
5. You represent and warrant that you have the full right and authority to enter into these Terms as contemplated hereunder. You are responsible for complying with any applicable national, state or local school district requirements related to online private school and/or homeschool attendance and instruction and the use of Prisma curriculum resources and services for that purpose. YOU REPRESENT AND WARRANT THAT YOU MEET ALL REQUIREMENTS OF PRIVATE SCHOOL ONLINE EDUCATION, INCLUDING, WITHOUT LIMITATION, BY COMPLETING ALL FILINGS AND COMPLYING WITH ALL REQUIREMENTS APPLICABLE PER NATIONAL, STATE OR LOCAL LAW WHERE YOUR EDUCATION IS GOVERNED. You may reside in a jurisdiction where K-12 students who attend online private schools are classified as home schooled (e.g. MA, MD, NY) and are required to complete state-specific standardized testing or are held to other requirements specific to private school and/or online students of such jurisdiction. You have the sole responsibility to investigate and comply with any such requirements. All registration, recordkeeping or other requirements are solely your responsibility. For example, your state may require more seat time than Prisma provides. If your jurisdiction requires additional seat time, you are responsible for making sure that your child meets the requirements of your jurisdiction.
6. You hereby agree that you will engage collaboratively with Prisma, and other participants, as applicable, to create a fair, equitable and respectful learning environment. Prisma reserves the right to remove any content or prohibit or limit any use of the Content if it believes you acted, or alleged to have acted, in violation of Prisma’s expectations regarding respectful behavior and communications, including, but not limited to, those set forth in these Terms.
7. Parent acknowledges and agrees that Parent is solely responsible at all times for ensuring the health and safety of its Participant(s).
8. To protect the privacy and security of all Prisma learners, you agree NOT to record, copy, download, broadcast, or disseminate in any format any image, video, voice recording, or Prisma-related work of any kind associated with other Prisma learner(s), Prisma staff, or other parents, without the express written consent of each involved party or the learner’s legal guardian(s). You agree to be bound not only by these Terms, but also all other Prisma online terms, including its Privacy Policy (https://www.joinprisma.com/legal/privacy).
9. Your continued enrollment in Prisma Learning is conditioned on your compliance with these Terms and other policies, rules, and terms as communicated to you by Prisma, and you may be immediately removed from Prisma Learning without refund if you fail to comply.
Fees and Payment Terms. You shall pay Prisma the published fee rate as set forth on Prisma’s website at https://www.joinprisma.com/tuition (the “Fees”) less any applicable discounts as reflected in your billing invoices. . The Fees may be updated from time to time, including before the start of new academic years. Prisma shall invoice you for the applicable amounts through the date of the invoice. All payments will be made in accordance with the invoice terms. If not otherwise specified, payments will be due within thirty (30) days of the date of the invoice and are nonrefundable. All prices and all other fees owed by you are exclusive of, and you are solely responsible for, and shall pay all Taxes; provided, however, that you shall not be responsible for any Taxes imposed on Prisma’s income. “Taxes” means any and all present and future sales, use, income, stamp and other taxes, levies, tariffs, imposts, duties, deductions, charges, fees or withholdings imposed, levied, withheld or assessed by any governmental authority, together with any interest or penalties imposed thereon. Any late payment of Fees shall accrue interest at the rate of 1.5% per month or the highest allowable legal rate, whichever is less, commencing on the date when such payment was due.
Term and Termination. These Terms shall continue in effect for as long as Participant is enrolled in Prisma Learning, unless otherwise terminated as set forth in these Terms.
1. Termination by Prisma. Prisma may terminate these Terms with you and unenroll any Participant at any time at its sole discretion provided that Prisma provide thirty (30) days prior written notice. Any refund of Fees shall be in accordance with Prisma’s published online refund policies, which may be updated from time to time, and any refund or waiver of Fees is at the sole and absolute discretion of Prisma. Prisma may also immediately terminate these Terms with you and unenroll a Participant from Prisma Learning without refund if any of the following events occur:
  1. You fail to make timely payment in accordance with section 5 of these Terms;
  2. You violate section 2 (Access and Limited License), section 3 (Use Restrictions), section 4 (Your Obligations), section 7 (Confidentiality), or section 8 (Intellectual Property) of these Terms, or you materially violate these Terms or any applicable law;
2. Termination by You. You may terminate these Terms and remove the Participant from Prisma Learning by providing Prisma at least thirty (30) days’ prior written notice in advance of the next academic term.
3. Effect of Termination. Upon termination of these Terms, Participant shall be unenrolled from Prisma Learning, all access to the Content and Prisma Learning is terminated, and all Fees owed by Participant, including any past due Fees, shall become immediately due and paid in full by you. Specific terms on your ability to withdraw and obtain a refund are set forth in Prisma’s online policies which may be updated from time to time, and any refund or waiver of Fees is at the sole and absolute discretion of Prisma. Prisma reserves the right to withhold or decline to provide Participant records or transcripts until all outstanding Fees are paid in full.
4. Survival. The following sections of these Terms shall survive termination (where reference is to a section, all subsections are deemed to be included): 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 and any other provisions which by their nature should survive such termination or expiration.
Confidentiality. “Confidential Information” means the nonpublic or proprietary business, technical or financial information disclosed or made available to you by or on behalf of Prisma pursuant to these Terms and includes all information marked by Prisma as confidential or proprietary and any other information, whether written or oral and whether disclosed or made available before or during your participation in Prisma Learning, that you should reasonably understand is confidential or proprietary to Prisma. You will not disclose Prisma’s Confidential Information to any third party and you will protect and keep confidential Prisma’s Confidential Information using a reasonable degree of care. You will not use Prisma’s Confidential Information for any purpose other than for your own personal non-commercial use in connection with Prisma Learning or as otherwise expressly permitted in these Terms.
Intellectual Property. Prisma is, and shall be, the sole and exclusive owner of all right, title, and interest in and to the Prisma Content, including all intellectual property rights therein. Except for the limited access rights and license set forth in section 2 (Access and Limited License) of these Terms, you will not not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from or otherwise exploit the Content or features in Prisma Learning in any form or medium without the express written permission of Prisma. You represent and warrant that any material or content that you provide through Prisma Learning does not and will not infringe any intellectual property rights of any third party and that you will indemnify, defend, and hold harmless Prisma and its affiliates, employees, contractors, officers, directors, third party content providers and licensors from all liabilities, claims, and expenses, including attorney's fees, which arise from a claim of infringement by a third party.
Recording, Image Permission and School Directory. Parent gives Prisma permission to allow Participant to be recorded while participating in Prisma Learning and to use Participant’s name, photograph, voice, image, and likeness, (including video and audio recordings) for use in Prisma Content, marketing or promotional materials, publications, social networks, and websites without royalty or compensation or any kind. You release and hold Prisma harmless from any liability arising from the Prisma’s use of Participant’s name, photograph, voice, image, and likeness, (including video and audio recordings). Parent gives permission to Prisma to include Parent’s and Participant’s name, email, address, and telephone number in Prisma’s member directory.
Indemnification. You hereby agree to defend, indemnify, and hold harmless Prisma and its affiliates, employees, contractors, officers, directors, third party content providers and licensors from all liabilities, claims, and expenses, including attorney's fees, which arise from your violation of these Terms, participation in Prisma Learning, or your use or misuse of Content or Prisma Learning. Prisma reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Prisma in asserting any available defenses.
No Guarantee/Warranty Disclaimer. PARTICIPATION IN PRISMA LEARNING AND USE OF ANY CONTENT IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. PRISMA MAKES NO GUARANTEE THAT ANY EDUCATIONAL OR ACADEMIC RESULT WILL OCCUR BY YOUR PARTICIPATION IN PRISMA LEARNING. PRISMA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, PRISMA MAKES NO WARRANTIES OR GUARANTEES THAT PRISMA LEARNING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF THE YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
Limitation of Liability. IN NO EVENT WILL PRISMA (OR ANY OF ITS AGENTS, AFFILIATES, LICENSORS OR SUPPLIERS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH PRISMA LEARNING OR ANYTHING PROVIDED IN CONNECTION WITH THESE TERMS, THE DELAY OR INABILITY TO PARTICIPATE IN PRISMA LEARNING OR ANYTHING PROVIDED IN CONNECTION WITH THESE TERMS OR OTHERWISE ARISING FROM THESE TERMS. THE TOTAL CUMULATIVE LIABILITY OF PRISMA AND ITS AFFILIATES FOR ALL DAMAGES AND LIABILITIES ARISING UNDER ALL CLAIMS IN CONNECTION WITH THESE TERMS OR ANY TRANSACTIONS CONTEMPLATED UNDER THESE TERMS, REGARDLESS OF THE FORM OF ACTION (INCLUDING ACTIONS FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, RESCISSION, MISREPRESENTATION AND BREACH OF WARRANTY) SHALL NOT IN THE AGGREGATE EXCEED THE FEES ACTUALLY PAID BY YOU TO PRISMA UNDER THESE TERMS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH CAUSED THE DAMAGE ASSOCIATED WITH THE FIRST CLAIM MADE YOU UNDER THESE TERMS. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Governing law, choice of law, and forum. Your participation in Prisma Learning and these Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, excluding its conflicts of law rules. Subject to Section 14, you expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to your participation in Prisma Learning shall be filed only in the state or federal courts located in Charlotte, North Carolina, and, subject to Section 14, you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Class Action Waiver. To the fullest extent permitted by law, you and Prisma agree that any dispute, claim, or controversy arising out of or relating to these Terms or Prisma Learning, the services provided, or any other dealings between the parties shall be resolved on an individual basis and shall not be brought or maintained as a class action, collective action, or representative action. You and Prisma expressly waive any right to participate in a class action or collective proceeding, whether as a class representative, class member, or otherwise. Further, unless both parties expressly agree in writing, no arbitrator or court shall have the authority to consolidate or join the claims of multiple individuals or to preside over any form of a representative or class proceeding.
Mandatory Arbitration.
1. Notwithstanding any provision in these Terms to the contrary, upon the request of any either you or Prisma, whether made before or after the institution of any legal proceeding, all actions or claims of any kind (whether in contract or in tort, under statutory or common law, or legal or equitable) now existing or hereafter arising between or among the parties in any way arising out of, pertaining to or in connection with these Terms, the breach, termination, interpretation or validity hereof or thereof, or any transaction contemplated hereby or thereby, shall be resolved by mandatory and binding arbitration in accordance with the terms hereof. The occurrence of any of the foregoing matters shall be referred to as a “Dispute.” Any party who fails or refuses to submit any Dispute to binding arbitration following a lawful demand by the opposing party shall bear all costs and expenses incurred by the opposing party in compelling arbitration of such Dispute. The arbitration shall be final and binding upon all parties.
2. Unless both Parties agree otherwise in writing to be bound by Section 14(b)(ii), the provisions of Section 14(b)(i) shall apply, and the provisions of Section 14(b)(ii) shall be null, void and of no effect:
  1. Notwithstanding any provisions of these Terms to the contrary, binding arbitration shall be conducted in accordance with the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. To the extent that there is any difference between these Terms and the AAA Rules these Terms controls the parties’ Dispute. The arbitration shall be conducted in English in Charlotte, North Carolina unless otherwise agreed by the parties. For arbitrations conducted pursuant to this Section 14(b)(i), the arbitrator(s) shall be guided, but not bound, by the Federal Rules of Evidence and by the procedural rules, including discovery provisions, of the Federal Rules of Civil Procedure. Discovery shall be permitted, but shall be limited to information directly relevant to the controversy or claim in arbitration. The arbitrator’s ruling on discovery and procedural matters shall be binding.
  2. Notwithstanding any provision of these Terms to the contrary, binding arbitration shall be conducted in accordance with the Rules of Arbitration (the “ICC Arbitration Rules”) of the International Chamber of Commerce (“ICC”) and administered by the ICC, provided, however, that (a) at the reasonable discretion of the arbitrator(s), the parties shall be entitled to arrange for the production of documents prior the hearing and to subpoena necessary witnesses and documents for the hearing; (b) the arbitral tribunal shall provide written reasons for its final award and any interim award; and (c) the arbitration shall be conducted in English in London, England, unless otherwise agreed by the parties.
3. One arbitrator shall decide the arbitration if the total amount in dispute is less than or equal to U.S. $250,000.00 and three arbitrators if the amount in dispute is more than U.S. $250,000.00. Arbitrators must have a minimum five (5) years experience in the field of law in question and shall be designated in accordance with the applicable arbitration rules. The arbitrator(s) shall decide the case based on these Terms and, where these Terms do not resolve an issue, on North Carolina law, and not using principles that would permit them to ignore these Terms or North Carolina law.
4. The arbitration shall be conducted according to the following: (a) the hearing shall be conducted on a confidential basis without continuance or adjournment, (b) evidence shall not be allowed concerning the financial position or organizational make-up of the parties or any offer made or the details of any negotiation prior to arbitration, and (c) except for breaches of Section 3 or your infringement upon Prisma’s intellectual property rights, the arbitrator(s) shall have absolutely no authority to award consequential, treble, exemplary or punitive damages of any type under any circumstances. Except as otherwise provided herein, each party agrees that it shall not bring a lawsuit concerning any Dispute covered by this Section 14.
5. Any monetary amounts awarded to the prevailing party shall be paid by the party against whom they were awarded within sixty (60) days of the award and thereafter, and until paid in full, shall be subject to post-award interest at the statutory rates then prevailing for judgments awarded in the federal courts of the United States. The parties shall treat the arbitral proceedings and the award as Confidential Information, except as required by the arbitration tribunal or court of competent jurisdiction. Judgment may be entered upon any award in any court having jurisdiction.
6. A party may apply at any time to any court or courts having jurisdiction over the relevant party or parties for (i) an order, including, but not limited to (1) an ex parte temporary restraining order, temporary or permanent injunction proceedings, or (2) a plea in abatement or motion to stay further proceedings, for the purpose of compelling participation in arbitration, enforcing an interim order or an interim or final award of the arbitrator(s), (ii) seeking protection for (x) Confidential Information or (y) other proprietary information or intellectual property, or (iii) to enforce an award rendered in connection with an arbitration pursuant to this Sectin 14; and in either (i), (ii) or (iii) such action shall not be deemed an election of remedies or a waiver of the right to arbitrate. The parties waive the necessity of posting a bond or other security in connection with any such proceeding. This right conferred in this Section 14(f) does not enlarge the rights of a party, if any, to challenge the final award rendered in an arbitration.
7. No provision of, nor the exercise of any rights under, these Terms shall limit the right of any party to obtain specific performance, injunctive or similar equitable relief with respect to the enforcement of any covenant or agreement of any other party to these Terms and any such action shall not be deemed an election of remedies. Such rights can be exercised at any time except to the extent such action is contrary to a final award or decision in any arbitration proceeding. Such rights may be exercised in any court of competent jurisdiction, and are not limited to the applicable forum for arbitration. The institution and maintenance of an action for specific performance, injunctive or similar equitable relief shall not constitute a waiver of the right of any party, including without limitation the plaintiff, to submit any Dispute to arbitration nor render inapplicable the compulsory arbitration provisions of these Terms.
8. All statutes of limitations that would otherwise be applicable shall apply in any arbitration proceeding. Any attorney-client privilege and other protections against disclosure of confidential information, including without limitation any protection afforded the work-product of any attorney, that could otherwise be claimed by any party shall be available to and may be claimed by any such party in any arbitration proceeding. No party waives any attorney-client privilege or any other protection against disclosure of confidential information by reason of anything contained in or done pursuant to or in connection with these Terms. Each party agrees to keep all Disputes and arbitration proceedings strictly confidential, except for disclosures of information to the parties’ legal counsel or auditors or those required by applicable law.
9. The obligation to arbitrate any Dispute shall be binding upon the affiliates, successors and assigns of each of the parties.
10. You and Prisma agree that in the interest of efficiency, if there are twenty-five (25) or more individual arbitration notices of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period, AAA shall: (1) follow the AAA Mass Arbitration Supplementary Rules (as currently in effect and as modified herein); (2) administer the arbitration demands in batches of 100 arbitration notices per batch (or a single batch if fewer than 100); (3) appoint one arbitrator for each batch; (4) administer the batches concurrently; and (5) resolve batches via a single consolidated arbitration with consolidated filing and administrative fees due per side per batch, and one procedural calendar, hearing (if any) in a forum to be determined by the arbitrator, consistent with applicable law, and award. An award in one batch of arbitration notices shall have no precedential effect on any subsequent batches. You and Prisma agree that arbitration notices are “substantially similar” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. If the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise AAA, and AAA shall appoint a sole arbitrator to determine the applicability of the batching process described above.
11. YOU HAVE THE RIGHT TO OPT OUT OF THE PROVISIONS OF THIS SECTION 14 BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO PRISMA AT 16521 New Providence Lane Charlotte, North Carolina 28277, WITHIN THIRTY (30) DAYS AFTER FIRST BECOMING SUBJECT TO THESE TERMS. YOUR NOTICE MUST INCLUDE YOUR NAME AND ADDRESS, THE EMAIL ADDRESS YOU USED TO SET UP YOUR ACCOUNT (IF YOU HAVE ONE), AND AN UNEQUIVOCAL STATEMENT THAT YOU WANT TO OPT OUT OF THIS SECTION 14. IF YOU OPT OUT OF THIS SECTION 14, ALL OTHER PARTS OF THESE TERMS WILL CONTINUE TO APPLY TO YOU. OPTING OUT OF THIS SECTION 14 HAS NO EFFECT ON ANY OTHER ARBITRATION AGREEMENTS THAT YOU MAY CURRENTLY HAVE, OR MAY ENTER IN THE FUTURE, WITH PRISMA.
Severability and Integration. Except for other agreements signed by you with Prisma, or for other documents, policies or other terms references herein, these Terms constitute the entire agreement between you and Prisma with respect to your participation in Prisma Learning. If any part of these Terms are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Changes to Terms. Prisma may amend these Terms from time to time by posting an amended version at its website and sending you written notice thereof. Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless you first give Prisma written notice of rejection of the amendment. In case of such rejection, these Terms will continue under its original provisions, and the amendment will become effective at the start of your next renewal following the Proposed Amendment Date. Your continued use of Prisma Learning or Content following the effective date of an amendment will confirm your consent thereto. These Terms may not be amended in any other way except through a written agreement by authorized representatives of each party. You recognize and agree that Prisma may revise its Privacy Policy at any time in its sole discretion, with or without following the procedures of this section.