Terms and Conditions

Model It!
A Product of Discovery Collective, Inc.
Effective Date: April 20, 2026 | Last Updated: April 20, 2026

Please read these Terms and Conditions carefully. These Terms and Conditions (the “Terms”) are a legally binding agreement between you and Discovery Collective, Inc., a Nebraska S corporation with its principal place of business in the United States (“Discovery Collective,” “we,” “us,” or “our”), governing your access to and use of Model It!, including modelitk12.com, any related subdomains, mobile or web applications, curriculum materials, models, simulations, tools, and related services (collectively, the “Services”).

By creating an account, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not access or use the Services.

If you are using the Services on behalf of a school, school district, educational institution, company, or other organization, you represent and warrant that you are authorized to bind that organization to these Terms, and “you” includes both you individually and that organization.

International Users: The Services are designed and operated from the United States. You may access the Services from outside the United States, but by doing so you acknowledge that your information will be transferred to, stored, and processed in the United States, and that U.S. laws may differ from the laws of your country of residence. Some features of the Services may not be available in all regions. Where you are located in a jurisdiction whose laws provide you with consumer or data protection rights that cannot be waived by contract, those rights apply in addition to these Terms, and nothing in these Terms limits those rights.

Important Notice Regarding Dispute Resolution: These Terms include a dispute resolution provision in Section 20 that requires most disputes to be resolved through binding arbitration on an individual basis and includes a class action waiver, except where prohibited by law or superseded by a separate written agreement.

1. Definitions

“Account Holder” means a teacher, school administrator, authorized school or district representative, or, where applicable, a parent or legal guardian, who registers for and maintains an account on the Services.
“Authorized User” means any individual who accesses the Services under an Account Holder’s subscription, including Students and other teachers under a School or district license.
“Content” means all text, graphics, images, models, simulations, lessons, curricula, data, software, audio, video, and other materials made available on or through the Services, excluding User Content.
“School” means any K-12 or equivalent educational institution, school district, or other educational organization that enters into a subscription or license agreement with Discovery Collective.
“Student” means any K-12 or equivalent primary or secondary education student who is granted access to the Services by an Account Holder, School, or district for educational purposes.
“Subscription” means a paid or trial right to access the Services, whether purchased by an individual teacher, a School, or a district.
“User Content” means any content, materials, feedback, or other information submitted, uploaded, or created by users on the Services, including teacher-created lessons and models.

2. Who May Use the Services

2.1 Authorized Users

The Services are intended for use by:

• K-12 or equivalent teachers, schools, school districts, and educational organizations;
• Parents and legal guardians, where applicable;
• Students, under the supervision of a teacher, school, district, parent, or legal guardian; and
• Other users expressly authorized by Discovery Collective.

2.2 Account Holder Eligibility

To register as an Account Holder, you must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) and capable of entering into a legally binding agreement, or, if you are a parent or legal guardian, authorized to act on behalf of the Student whose account you manage. By creating an account, you represent and warrant that you meet these requirements and that the information you provide is accurate, current, and complete.

2.3 Student Access and Minimum Age Requirements

Students do not independently register for the Services unless we expressly allow that workflow. Students access the Services through accounts created, managed, or authorized by an Account Holder, School, or district.
Account Holders, Schools, and districts are responsible for providing any notices and obtaining any permissions, consents, or authorizations required by applicable law, regulation, contract, or policy before permitting Students to access the Services. Depending on the Student’s country and age, such requirements may include, without limitation:

• United States: the Children’s Online Privacy Protection Act (“COPPA”), including, where applicable, School-provided consent on behalf of parents pursuant to COPPA’s school authorization exception, for Students under 13;
• European Economic Area and United Kingdom: the General Data Protection Regulation and UK General Data Protection Regulation, including parental consent requirements that apply to Students below the age of digital consent in the relevant jurisdiction (between 13 and 16 depending on the country);
• Canada: federal and applicable provincial privacy and school legislation;
• Other jurisdictions: applicable national, regional, or local privacy, data protection, and child protection laws.
  Where a parent or legal guardian is the Account Holder, the parent or guardian consents to the collection and use of their child’s information consistent with this Agreement and the Privacy Policy. Where a School authorizes Student use of the Services for school purposes, the parties intend that such use be limited to authorized educational purposes and handled in accordance with applicable student privacy laws and any separate written agreement.

2.4 Authentication and Account Security

We may use third-party identity, authentication, or payment service providers to support the Services. Your use of those third-party services may also be subject to the provider’s own terms and privacy policy.
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us promptly of any unauthorized access to or use of your account. Discovery Collective is not liable for losses arising from your failure to safeguard your credentials, except to the extent such liability cannot be excluded under applicable law.

2.5 One Account Per User

You may not create multiple accounts to evade restrictions or limits, share your credentials with another person, or permit another person to use your account. Account Holders with School or district licenses must ensure that each Authorized User has access consistent with the applicable license terms.

2.6 Geographic Availability

The Services are designed and operated from the United States. We do not actively market the Services in all jurisdictions, and some features, payment methods, or Subscription types may not be available in all countries. We reserve the right, in our sole discretion, to limit the availability of the Services or specific features in any jurisdiction where providing them would be impracticable or would expose us to undue legal or regulatory risk.

3. Educational Purpose

Model It! is a model-based science education platform designed to support K-12 and equivalent primary and secondary teaching, learning, exploration, and educational engagement.
The Services are provided for educational and informational purposes only. They are not intended to provide medical, psychological, legal, safety-critical, or other professional advice and should not be relied upon as a substitute for professional judgment, supervision, or instruction.
You acknowledge that scientific models, simulations, and other outputs available through the Services necessarily simplify real-world systems and may not always be complete, accurate, or appropriate for every educational context. Educators and other responsible adults are solely responsible for determining the pedagogical appropriateness of any Content used with Students.

4. Subscriptions, Trials, and Payment

4.1 Subscription Types

Discovery Collective may offer different Subscription types, including:

• Individual Teacher Subscription for a single teacher;
• School License for a defined number of teachers and their Students at a single School; and
• District License for access across multiple Schools within a school district or equivalent organization.
  The specific features, user limits, pricing, and term for each Subscription will be described at the point of purchase or in an applicable order form, quote, or license agreement.

4.2 Free Trials

We may offer free trials or other promotional access for a limited duration. Free trials are available only to eligible new users unless otherwise stated. At the end of the trial period, access may terminate unless you elect to purchase a paid Subscription. We reserve the right to modify or discontinue free trials at any time.

4.3 Fees, Currency, and Taxes

You agree to pay all fees associated with your Subscription in accordance with the pricing and payment terms in effect at the time of purchase. Unless otherwise stated, all fees are quoted and payable in U.S. dollars. You are responsible for all applicable taxes, duties, levies, and similar charges imposed by any governmental authority in your jurisdiction, including sales tax, value-added tax (VAT), goods and services tax (GST), and withholding taxes, except for taxes imposed on Discovery Collective’s net income. Where required by applicable law, such taxes may be added to the amounts invoiced or charged to you.
Fees for individual subscriptions may be charged through our designated payment processor. Fees for School and district licenses may be invoiced or otherwise handled pursuant to a separate order form or purchase agreement.

4.4 Automatic Renewal

If you enroll in a Subscription that renews automatically, you authorize us or our payment processor to charge the applicable recurring fees using your selected payment method until you cancel.
Unless otherwise stated in an order form or at the point of purchase, Subscriptions may renew automatically for successive periods equal to the initial term at the then-current rate unless canceled before renewal. You may cancel automatic renewal through your account settings, where available, or by contacting us. We will provide any renewal disclosures and reminders required by applicable law.

4.5 Refunds and Consumer Rights

Except as expressly stated in these Terms, an applicable order form, or as required by applicable law, all fees are non-refundable. We may, in our sole discretion, offer a prorated refund, credit, or other accommodation in limited circumstances. Where applicable consumer protection law grants you statutory rights of withdrawal, cancellation, or refund that cannot be waived by contract (such as the 14-day right of withdrawal for consumers in the European Economic Area and United Kingdom), those rights apply in addition to these Terms.

4.6 Pricing Changes

We may change pricing from time to time. Price changes will not apply during the current paid term of an existing Subscription unless otherwise permitted by law or contract, but may apply upon renewal. We will provide advance notice where required.

4.7 School and District Agreements

School and district purchases may be governed by separate order forms, quotes, purchase orders, or written agreements. If there is a conflict between these Terms and a fully executed separate agreement, the separate agreement controls.

5. License to Use the Services

5.1 Grant of License

Subject to your compliance with these Terms and payment of applicable fees, Discovery Collective grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and Content solely for your internal, non-commercial educational use during the term of your Subscription.

5.2 Restrictions

You may not, and may not permit any third party to:

• copy, reproduce, modify, translate, adapt, or create derivative works from the Services or Content except as expressly permitted by us in writing or by functionality we provide;
• rent, lease, loan, sell, resell, sublicense, distribute, publish, or otherwise commercially exploit the Services or Content;
• reverse engineer, decompile, disassemble, or attempt to derive the source code, underlying ideas, algorithms, structure, or organization of the Services, except where such restriction is prohibited by applicable law;
• remove, alter, or obscure proprietary notices, labels, or marks;
• use the Services to develop, train, or improve a competing product, service, or artificial intelligence or machine learning model;
• access the Services through automated means such as bots, scrapers, or crawlers, except for standard search engine indexing;
• probe, scan, or test the vulnerability of the Services or related systems, or attempt to bypass security measures or access controls;
• interfere with or disrupt the integrity, security, or performance of the Services; or
• use the Services in a manner that violates applicable law, infringes third-party rights, or is otherwise inconsistent with these Terms.

6. Acceptable Use

You agree not to use the Services to:

• harass, abuse, threaten, or harm another person, particularly any Student or other minor;
• upload or share unlawful, infringing, defamatory, obscene, harmful, or otherwise objectionable content;
• impersonate another person or misrepresent your affiliation with any person or entity;
• upload malicious code, viruses, or other harmful material;
• engage in cheating, academic dishonesty, or misuse of educational content where prohibited by School or classroom rules; or
• use the Services in any way that could damage, disable, overburden, or impair the Services or any other user’s use of them.
  We reserve the right, but not the obligation, to monitor, review, remove, restrict, or disable Content, User Content, or accounts that we reasonably believe violate these Terms, pose risks to users, or may expose us or others to liability.

7. Intellectual Property

7.1 Ownership of the Services

The Services and all Content, including all pre-built models, simulations, lessons, curricula, graphics, software, text, designs, logos, trademarks, service marks, curriculum structures, datasets, model architectures, and the selection, arrangement, and organization thereof, are owned by Discovery Collective or its licensors and are protected by United States and international intellectual property laws. All rights not expressly granted to you are reserved.

7.2 Trademarks

Discovery Collective, Model It!, and associated logos and branding are trademarks of Discovery Collective or its licensors. You may not use those marks without our prior written permission, except as necessary to identify the Services in a truthful, non-misleading manner.

8. User Content

8.1 Ownership

The Services may permit Account Holders to create, upload, share, or otherwise make available User Content, including teacher-built lessons, models, shared resources, community posts, and similar materials. As between you and Discovery Collective, you retain ownership of your User Content, subject to the rights you grant in these Terms.

8.2 License to User Content

By making User Content available on or through the Services, you grant Discovery Collective a worldwide, non-exclusive, royalty-free, fully paid-up license to host, store, reproduce, modify, adapt, transmit, display, and otherwise use that User Content solely as reasonably necessary to operate, provide, maintain, secure, improve, and support the Services, enforce these Terms, and comply with applicable law.

8.3 Responsibility for User Content

You are solely responsible for your User Content and the consequences of making it available through the Services. You represent and warrant that you own or control the rights necessary to submit the User Content and that your User Content does not infringe, misappropriate, or otherwise violate the rights of any third party, applicable law, or these Terms.

8.4 Prohibited User Content

You agree not to submit User Content that:

• is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable for a primary or secondary educational environment;
• infringes or violates any patent, trademark, trade secret, copyright, privacy, publicity, or other right of any person or entity;
• includes personal information, including Student information, that you are not authorized to provide;
• contains malware, viruses, or other malicious code;
• is knowingly false or misleading in a manner likely to cause harm or materially disrupt the educational experience; or
• violates applicable law or these Terms.

9. Feedback

If you provide Discovery Collective with suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Services (“Feedback”), you grant Discovery Collective a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, modify, disclose, reproduce, distribute, and otherwise exploit that Feedback for any lawful purpose, without restriction or compensation, to the extent permitted by applicable law.

10. AI-Assisted Features

The Services may include simulations, generated explanations, suggested models, automated feedback, or other outputs derived from algorithmic, artificial intelligence, or machine learning technologies (“AI Features”).
You acknowledge and agree that:

• AI Features may produce outputs that are inaccurate, incomplete, oversimplified, biased, or otherwise unsuitable;
• outputs from AI Features should be reviewed by a teacher, parent, guardian, or other responsible adult before being relied upon in high-stakes contexts;
• AI-generated outputs may not be unique, and similar outputs may be generated for other users;
• you will not use AI Features to generate content that violates these Terms, applicable law, or the rights of any third party; and
• Discovery Collective does not guarantee any particular academic, educational, or learning outcome from use of AI Features or the Services generally.
  We may impose additional terms, feature-specific disclosures, or usage limits for AI Features.

11. Account Holder Responsibilities

As an Account Holder, you are responsible for:

• ensuring that Authorized Users under your Subscription comply with these Terms;
• obtaining and maintaining any permissions, consents, or authorizations required by law, policy, or contract in your jurisdiction, including any parental or guardian consents required for Student access;
• supervising Student use of the Services in a manner consistent with applicable educational standards and your institution’s policies;
• determining whether the Services are appropriate for a particular Student, class, or educational setting;
• maintaining accurate account information and promptly updating it;
• complying with all applicable laws and regulations in your jurisdiction, including data protection, privacy, and export control laws; and
• reporting suspected violations of these Terms or security incidents to us promptly.

12. Privacy and Student Data

12.1 Privacy Policy

Our collection, use, and disclosure of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes, among other things, the categories of personal information we collect, how we use and share it, the rights available to users in various jurisdictions, and how personal information is transferred and stored in the United States.

12.2 Student Privacy Commitments

Discovery Collective is committed to protecting Student privacy and handling Student information in accordance with applicable law, including, in the United States, the Children’s Online Privacy Protection Act (“COPPA”), the Family Educational Rights and Privacy Act (“FERPA”), and applicable state student privacy laws, and, in other jurisdictions, applicable national and regional data protection and student privacy laws.
To the extent Discovery Collective processes Student information that constitutes an “education record” under FERPA for a United States School, Discovery Collective acts as a “school official” with a legitimate educational interest, performing services that would otherwise be performed by School employees, and is subject to the direct control of the School with respect to the use and maintenance of such records.
Where a School or district provides Student information to Discovery Collective or authorizes Student use of the Services for school purposes, Discovery Collective will use Student data only as reasonably necessary to provide, maintain, support, secure, and improve the Services for authorized educational purposes, subject to applicable law and any separate written agreement.
We do not sell Student personal information. We do not use Student personal information collected through school-directed use of the Services for targeted advertising to Students. We do not use Student personal information to train general-purpose artificial intelligence or machine learning models.

12.3 Cross-Border Data Transfers

Because Discovery Collective is based in the United States and operates the Services from the United States, personal information provided to the Services, including Student information, will be transferred to, stored, and processed in the United States. U.S. data protection laws may differ from those in your jurisdiction. By using the Services, you acknowledge this transfer and processing. Our Privacy Policy describes the safeguards we apply to such transfers.

12.4 School Agreements and Data Privacy Addenda

Schools and districts may be required or may request to enter into a separate data privacy agreement, data processing addendum, or student data privacy contract governing Student data. If there is a conflict between these Terms and a fully executed data privacy agreement, the data privacy agreement controls with respect to the Student data covered by that agreement.

12.5 Access, Correction, and Deletion Requests

Requests regarding access to, correction of, or deletion of Student information associated with School-managed accounts may need to be directed through the applicable School or district, depending on the account structure and governing agreement. We will work in good faith with Schools and users to respond to such requests in accordance with applicable law and contract.

12.6 User Restrictions

You agree not to upload, submit, or share personal information, including Student information, unless you are authorized to do so under applicable law and institutional policy.

13. Third-Party Services

The Services may integrate with or link to third-party services, websites, or resources, including authentication providers and payment processors. Discovery Collective does not control and is not responsible for the content, policies, or practices of any third-party services. Your use of third-party services is at your own risk and subject to the terms and privacy policies of those third parties.

14. Beta Features

From time to time, Discovery Collective may offer access to features or services identified as beta, preview, pre-release, or evaluation features (“Beta Features”). Beta Features are provided “as is,” may be incomplete or contain bugs, and may be modified or discontinued at any time. Your use of Beta Features is at your own risk, to the extent permitted by applicable law.

15. Changes to the Services and Terms

15.1 Changes to the Services

We may modify, suspend, or discontinue the Services or any feature of the Services, in whole or in part, at any time, subject to applicable law and any separate written agreement.

15.2 Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms on the Services, updating the “Last Updated” date above, sending an email to Account Holders where appropriate, or by other reasonable means. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the updated Terms, except where applicable law requires additional notice or consent.

16. Termination

16.1 Termination by You

You may stop using the Services at any time. You may also terminate your account by canceling your Subscription and using any available account deletion functionality or by contacting us at info@discoverycollective.com. Termination does not entitle you to a refund except as expressly stated in these Terms, an applicable agreement, or as required by law.

16.2 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe that you have violated these Terms, engaged in conduct harmful to other users or Discovery Collective, failed to pay applicable fees, or that your use creates legal or security risk.

16.3 Effect of Termination

Upon termination, your right to access and use the Services will immediately cease, except to the extent otherwise required by law or contract. Sections that by their nature should survive termination will survive, including Sections 7, 8, 9, 17, 18, 19, 20, and 22.

17. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. DISCOVERY COLLECTIVE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
DISCOVERY COLLECTIVE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT OR RESULTS OBTAINED FROM USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR EDUCATIONAL OUTCOME.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of statutory consumer rights, so parts of this Section may not apply to you, and nothing in these Terms limits any non-waivable statutory consumer rights or guarantees you may have under applicable law.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCOVERY COLLECTIVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCOVERY COLLECTIVE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO DISCOVERY COLLECTIVE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
Nothing in these Terms excludes or limits Discovery Collective’s liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this Section may not apply to you, and nothing in these Terms limits any non-waivable statutory consumer rights or guarantees you may have under applicable law.

19. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Discovery Collective and its officers, directors, employees, contractors, affiliates, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• your use or misuse of the Services;
• your User Content;
• your violation of these Terms;
• your violation of applicable law, regulation, School or district policy, or third-party rights; or
• your failure to obtain any consent, permission, or authorization required for Student use of the Services.
  This Section does not apply to the extent a claim arises from Discovery Collective’s gross negligence, willful misconduct, or other liability that cannot be excluded under applicable law. Nothing in this Section requires indemnification by any public school, school district, governmental entity, or consumer to the extent prohibited or limited by applicable law.

20. Dispute Resolution

20.1 Informal Resolution

Before filing a claim, you agree to first contact us at info@discoverycollective.com and attempt to resolve the dispute informally. If the dispute is not resolved within sixty (60) days, either party may proceed with formal dispute resolution.

20.2 Binding Arbitration

Except as provided in Section 20.4, and except for disputes that qualify for small claims court, disputes that a party may bring for injunctive or equitable relief related to intellectual property or misuse of the Services, and disputes for which arbitration is prohibited by law, you and Discovery Collective agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved exclusively through final and binding arbitration administered by the American Arbitration Association under its applicable rules.
Unless the parties agree otherwise, the arbitration will be conducted in English before a single arbitrator in Lincoln, Nebraska, United States, or remotely by videoconference. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

20.3 Class Action Waiver

YOU AND DISCOVERY COLLECTIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

20.4 Exceptions for Consumers Outside the United States and for School and District Agreements

If you are a consumer located outside the United States and your local law grants you the right to bring claims in your local courts, the right to rely on mandatory consumer protections in your country of residence, or otherwise prohibits or restricts the arbitration and class action provisions in Sections 20.2 and 20.3, those rights apply, and the provisions of Sections 20.2 and 20.3 will not apply to the extent they conflict with those local rights. In particular, consumers located in the European Economic Area, the United Kingdom, and other jurisdictions whose mandatory consumer protection laws prohibit pre-dispute arbitration agreements or class action waivers may bring claims in their local courts in accordance with local law.
If a fully executed agreement with a School, district, or governmental entity provides for a different dispute resolution process, that separate agreement controls.

20.5 Governing Law and Venue

These Terms are governed by the laws of the State of Nebraska, United States, without regard to its conflict of laws principles, except that the application of governing law will not deprive a consumer of the protection afforded by any mandatory provisions of the consumer’s country or state of habitual residence that cannot be derogated from by agreement. Subject to the arbitration provisions above and the exceptions in Section 20.4, the exclusive venue for any action not subject to arbitration will be the state or federal courts located in Lancaster County, Nebraska, and the parties consent to the personal jurisdiction of those courts.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

21. Copyright Complaints

Discovery Collective respects the intellectual property rights of others and expects users to do the same. If you believe that content available on or through the Services infringes your copyright, you may submit a notice under the United States Digital Millennium Copyright Act (or equivalent applicable law in your jurisdiction) to our designated copyright agent:
Designated Copyright Agent
Discovery Collective, Inc.
5309 S 62nd St., Lincoln, NE 68516
Email: info@discoverycollective.com
Your notice must include enough information for us to identify the copyrighted work claimed to have been infringed, the allegedly infringing material, your contact information, a statement that you have a good-faith belief that the use is unauthorized, and a statement that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
We may terminate the accounts of users who are determined to be repeat infringers.

22. General Provisions

22.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable order form or separately executed agreement, constitute the entire agreement between you and Discovery Collective regarding the Services and supersede prior or contemporaneous agreements, understandings, and communications on that subject.

22.2 Severability

If any provision of these Terms is held to be invalid or unenforceable in any jurisdiction, that provision will be enforced to the maximum extent permissible in that jurisdiction, and the remaining provisions will remain in full force and effect.

22.3 No Waiver

No waiver of any term of these Terms will be deemed a further or continuing waiver of that term or any other term, and our failure to enforce any right or provision will not constitute a waiver.

22.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction in connection with a merger, acquisition, reorganization, asset sale, financing, or by operation of law.

22.5 Force Majeure

Discovery Collective will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, flood, accident, pandemic, labor disruption, utility failures, or network infrastructure failures, except to the extent such liability cannot be excluded under applicable law.

22.6 Relationship of the Parties

Nothing in these Terms creates an agency, partnership, joint venture, employment, or fiduciary relationship between you and Discovery Collective.

22.7 Electronic Communications

By using the Services, you consent to receive communications from us electronically, including notices, disclosures, updates, billing communications, and other communications related to the Services or these Terms. You agree that electronic communications satisfy legal requirements that such communications be in writing, to the extent permitted by applicable law.

22.8 Export Controls and Sanctions

The Services may be subject to United States and other applicable export control and economic sanctions laws. You represent and warrant that you are not located in, and are not a national or resident of, any country or region subject to comprehensive U.S. or other applicable sanctions, and that you are not identified on any U.S., United Nations, European Union, United Kingdom, or other applicable government list of prohibited or restricted parties. You agree not to access or use the Services in violation of any applicable export control or sanctions law.

22.9 Language

These Terms are written in English. Any translation of these Terms is provided for convenience only. In the event of any inconsistency between the English version and any translated version, the English version prevails to the extent permitted by applicable law.

22.10 Contact Information

If you have any questions about these Terms, please contact us at:
Discovery Collective, Inc.
5309 S 62nd St., Lincoln, NE 68516
Email: info@discoverycollective.com
Website: modelitk12.com

By accessing or using Model It!, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by them.