Terms & Conditions
Last updated: September 3, 2026Introduction
These Terms and Conditions (this “Agreement”) concern any websites (together with their respective pages and features, the “Platform”) operated, hosted, and/or published by Otter Learning LLC (together with its affiliates, subsidiaries, and the school brands featured on the Platform, “Company”) and all associated services provided on, through, or in relation to the Platform (the “Services”). This Agreement is made between you, whether as a guest or registered user (“you”), and Company.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM OR THE SERVICES BECAUSE IT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND COMPANY, INCLUDING THE “DISPUTE RESOLUTION” CLAUSE, WHICH PROVIDES FOR BINDING ARBITRATION AND WAIVERS OF JURY TRIALS AND CLASS ACTIONS. YOU ACCEPT AND AGREE TO THE MOST RECENT VERSION OF THIS AGREEMENT WHENEVER YOU ACCESS OR USE THE PLATFORM OR THE SERVICES. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU ARE PROHIBITED FROM ACCESSING OR USING THE PLATFORM OR THE SERVICES. COMPANY MAY MODIFY THIS AGREEMENT AT ANY TIME; MODIFICATIONS WILL BE POSTED ON THE PLATFORM AND ARE EFFECTIVE AS OF THEIR STATED DATES.
Eligibility
The Platform is offered only to users eighteen (18) years of age or older (or the age of majority in your jurisdiction) who have accepted this Agreement. By accessing or using the Platform or the Services, you represent that you meet these requirements and agree to comply with all applicable laws.
Privacy
Company’s policies concerning the collection and use of your personal information are set forth in the Platform’s Privacy Policy, which you should review each time you access or use the Platform or the Services.
Your Devices
This Agreement applies with equal force to your access and use of the Platform through computers, tablets, smartphones, and other devices. You are responsible for the device, software, and network access needed to use the Platform, and for any carrier or network fees, charges, and taxes that may apply.
Ownership
The Platform and all its elements and derivatives (including content, information, code, data, and documentation), and all copyrights, trademarks, trade secrets, and other intellectual property therein, are owned, licensed, or permissibly used by Company. You receive no rights, title, or interest other than the limited rights expressly granted under this Agreement.
User Accounts
If any portion of the Platform requires registration or a user account, you are responsible for all activity under your account, for keeping your login information secret, and for maintaining accurate account information. Notify Company immediately if you suspect unauthorized access. You agree to indemnify and hold Company and its affiliates, officers, employees, and agents harmless from liabilities arising out of your failure to comply with these account obligations.
Rights, Permissions, and Consents
License of the Platform: Company grants you a limited, non-exclusive, personal, freely revocable, non-transferable, non-sublicensable license to access and view the publicly displayed pages of the Platform and the content found there, only for the permitted purposes set forth herein. Unauthorized use, or any breach of this Agreement, automatically terminates this license.
License of User Materials: any names, information, statements, communications, or other content you submit to or publish on, through, or in relation to the Platform (“User Materials”) are licensed by you to Company on an irrevocable, non-exclusive, royalty-free, fully paid, transferable, sublicensable, perpetual basis, for Company to host, store, reproduce, distribute, modify, adapt, publish, display, and otherwise use in any medium, consistent with the Privacy Policy. User Materials might become the subject of public disclosure, and Company disclaims liability arising from its use of User Materials in accordance with this Agreement.
Suspension or Termination of Service
Company has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Platform, and shall not be liable for any loss or damage caused by such suspension or termination.
Electronic Communications
Express consent: you expressly consent to Company communicating with you for any purpose (including marketing, offers, updates, and informational messages) via electronic means as Company deems appropriate, including email, telephone, automatic telephone dialing system, artificial or prerecorded voice, social media, and text message (SMS/MMS). Message and data rates may apply and are your responsibility. You are not required to grant this consent as a condition of purchasing any Company products or services.
Opt-out: you may opt out of electronic messages at any time by any reasonable means, including by emailing contact@otterlearning.com with the subject line “Opt-Out of Electronic Communications” or by replying STOP to text messages. Opting out may affect your receipt of certain messages or notifications.
Prohibited Activities
You shall not, with respect to the Platform: impersonate any person or entity; infringe or violate the intellectual property, privacy, or publicity rights of any person or entity; reproduce the Platform or create derivative works without authorization; publish content that is objectionable or illegal (including indecent, obscene, infringing, defamatory, false, misleading, threatening, or abusive content); publish another’s personal information without written consent; publish machine-generated content; supply false or misleading information; act to drive traffic to or boost search rankings of third-party sites; systematically retrieve or copy content to create any collection, compilation, database, or directory; use any software or process (including robots, scrapers, spiders, viruses, spyware, or malware) to monitor, copy, disrupt, damage, or impermissibly access the Platform or its servers; decrypt, hack, data-mine, scrape, harvest, reverse engineer, decompile, or disassemble any part of the Platform; overload or unreasonably disrupt the Platform’s infrastructure; gain or attempt to gain unauthorized access to computer systems, networks, or materials; or commit any other act Company believes in good faith is improper, illegal, or harmful to the Platform or any person, entity, or property.
Links to Other Platforms
The Platform may contain links to third-party websites, networks, platforms, or applications (including our schools’ local pages and our external careers site), and third parties may link to the Platform (“Linked Technologies”). Linked Technologies are not under Company’s control. Company is not responsible for any content, goods, services, or items found on or excluded from Linked Technologies, makes no representations or warranties concerning them, and linking does not constitute affiliation with or endorsement of them. If you access any Linked Technologies, you do so at your own risk.
Take Down
Company reserves the right, but not the obligation, to take down or exclude from the Platform, without notice or recourse, any content that Company believes, in its sole discretion, to be infringing, in violation of any person’s rights, defamatory, profane, indecent, derogatory, threatening, abusive, false, misleading, illegal, or otherwise unsuitable for the Platform or its users.
User Representations, Warranties, and Covenants
You represent, warrant, and covenant that: you are a natural person of at least eighteen (18) years of age (or the age of majority in your jurisdiction); you have read and understand this Agreement and have full right and authority to enter into it; you voluntarily accept its terms and will comply with them; you will not violate any applicable laws concerning the Platform; you exclusively own all rights in the User Materials or have secured all necessary rights and permissions; the User Materials are original to you, do not infringe or violate any person’s rights, and contain nothing profane, indecent, obscene, threatening, abusive, illegal, false, or misleading, and no spam, malware, or tracking technology; Company need not seek permission from or compensate any third party to exercise the rights you grant; no obligation or adverse claim restricts your grant of rights; all information you provide is truthful and accurate; and you are not listed on any United States government list of prohibited or restricted parties.
Disclaimers and Limitations
GENERAL DISCLAIMER: YOUR ACCESS OR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM AND ALL INFORMATION, COMMUNICATIONS, CONTENT, AND FEATURES ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT ANY WARRANTY. COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD FAITH AND FAIR DEALING, TITLE, NONINFRINGEMENT, PERFORMANCE, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, AND SAFETY, AND WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, CUSTOM, OR USAGE IN TRADE.
System delays: the Platform may be subject to limitations, delays, and other problems inherent in the use of third-party communication networks outside Company’s control, and Company disclaims responsibility for delays, failures, losses, or damages resulting from them (including scheduled maintenance or network failure).
Third-party content: any opinions, advice, reviews, statements, or other content found on, through, or in relation to Company, the Platform, or third-party providers are those of their respective authors, and Company does not guarantee, adopt, or endorse their accuracy, completeness, reliability, or usefulness, and shall not be liable for reliance on them.
LIMITATION OF LIABILITY: IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, VENDORS, OR LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING LEGAL COSTS, ATTORNEY FEES, LOST PROFITS, OR REPLACEMENT COSTS) ARISING FROM OR IN CONNECTION WITH: YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM; ANY THIRD PARTY’S STATEMENTS, CONTENT, OR CONDUCT; ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION; ANY HACKING, DENIAL-OF-SERVICE ATTACK, OR DATA SECURITY BREACH; ANY TRANSMISSION OF MALICIOUS SOFTWARE; YOUR RELIANCE ON ANY INFORMATION OR CONTENT ON THE PLATFORM; OR THE ACTS, ERRORS, OR OMISSIONS OF ANY THIRD-PARTY PROVIDER. IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS AND USE OF THE PLATFORM. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECULATIVE, EXEMPLARY, OR PUNITIVE DAMAGES FOR ANY BREACH OF THIS AGREEMENT BY COMPANY, AND YOU WAIVE ANY RIGHT TO INJUNCTIVE RELIEF AGAINST THE PLATFORM; ANY NON-PRECLUDED CLAIM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER IT ACCRUES OR IS PERMANENTLY BARRED.
Consumer protections: the disclaimers and limitations in this Section are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable law.
General Release of Claims
YOU RELEASE AND HOLD HARMLESS COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, VENDORS, AND LICENSEES FROM ALL CLAIMS YOU HAVE OR MAY HAVE AGAINST THEM ARISING FROM OR IN CONNECTION WITH THE PLATFORM AND/OR THE RIGHTS GRANTED BY YOU UNDER THIS AGREEMENT (INCLUDING THOSE RELATING TO THE USER MATERIALS), UNDER ANY LEGAL THEORY. YOU ALSO WAIVE ANY RIGHTS YOU MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY SIMILAR STATUTE OR COMMON LAW PRINCIPLE.
Indemnification
YOU AGREE TO INDEMNIFY, RELEASE, AND HOLD HARMLESS COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, VENDORS, AND LICENSEES FROM AND AGAINST ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS, JUDGMENTS, LOSSES, DAMAGES, FINES, PENALTIES, AND EXPENSES (INCLUDING REASONABLE OUTSIDE ATTORNEY FEES) ARISING OUT OF OR IN CONNECTION WITH YOUR ACTS, ERRORS, OR OMISSIONS; YOUR USE OF THE PLATFORM CONTRARY TO THIS AGREEMENT; YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY; AND/OR YOUR BREACH OF THIS AGREEMENT.
Governing Law
This Agreement, the policies referenced herein (including the Privacy Policy), your access or use of the Platform or Services, the parties’ relationship, and all disputes arising from or in connection with any of the foregoing are governed by the laws of the State of South Carolina and the applicable federal laws of the United States of America, regardless of place of execution or performance and any conflicts of law analysis.
Dispute Resolution
Binding arbitration; waiver: each party irrevocably submits all disputes, controversies, and claims arising from or concerning this Agreement, the referenced policies (including the Privacy Policy), your access or use of the Platform or Services, or the parties’ relationship (collectively, “Disputes”) to binding arbitration administered by JAMS (or its successor) as the sole and exclusive method for resolving Disputes. The arbitration shall be binding, final, and confidential. EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE AS A MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION.
Rules and procedure: arbitration shall be conducted before a single arbitrator under the then-current JAMS Comprehensive Arbitration Rules & Procedures, supplemented where applicable by the Federal Rules of Civil Procedure and Evidence, with this Agreement controlling in any conflict; the Federal Arbitration Act governs the construction and enforcement of this Section. The arbitration shall be held in Charleston County, South Carolina, in the English language. The arbitrator decides all questions of arbitrability, shall render a written, law-supported final decision within forty-five (45) days after the close of evidence, has no authority to award punitive, exemplary, or consequential damages unless authorized by law, and may award attorney fees where permitted. Judgment on any award may be confirmed in any state or federal court of competent jurisdiction located in South Carolina. JAMS fees shall be shared equally by the parties, subject to any prevailing-party recovery permitted by this Agreement or law.
Litigation; waiver: if a Dispute is not subject to arbitration, each party irrevocably submits to the exclusive jurisdiction and venue of the state courts of Charleston County, South Carolina and the United States District Court for the District of South Carolina, Charleston Division. REGARDLESS OF FORUM, AND TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN ANY CLASS ACTION.
General Provisions
Notice may be given by posting on the Platform or by email to the address you provide. Nothing in this Agreement creates any fiduciary, franchise, agency, employment, contractor, partnership, or joint-venture relationship. Company is not liable for delays caused by events beyond its reasonable control (force majeure). Upon termination, all rights granted to you revert to Company, and all disclaimers, limitations, releases, indemnifications, representations, and accrued rights survive. Affirmative assent (such as checking a box) is the equivalent of your electronic signature, though conduct alone suffices to evidence acceptance. No failure or delay to exercise any right operates as a waiver. You may not assign your rights or obligations without Company’s prior written consent. This Agreement shall not be construed against its drafter; headings are for convenience only; invalid provisions shall be reformed to the maximum extent permitted without affecting the remainder. This Agreement, together with the policies referenced herein (including the Privacy Policy), is the entire agreement between the parties on this subject matter and binds their successors and assigns.
Contact Us
Please direct questions about the Platform or this Agreement to contact@otterlearning.com with a subject line of “Website Question,” or by mail: Otter Learning LLC, 6650 Rivers Ave, Ste 105, PMB 90599, North Charleston, SC 29406.