Welcome to Rubin Education.

By accessing or using any Rubin Education platform, website, or tools (collectively, the “Platform”), you agree to be bound by these Terms & Conditions (“Terms”). If you do not agree, do not use the Platform.

These Terms form a legally binding agreement between you (“you,” “User,” “School,” “District,” “Teacher,” or “Student”) and Rubin Education, a Virginia corporation (“Rubin Education,” “we,” or “us”).

1. License to Use

Rubin Education grants Schools and their Authorized Users (teachers and students) a limited, non-exclusive, non-transferable license to use the Rubin Education curriculum, content, and tools (“Curriculum”) solely for educational purposes during the applicable license term.

This license does not permit resale, sublicensing, redistribution, or public broadcasting of the Curriculum to anyone other than Authorized Users.

Upon license expiration or termination, all access must stop, and the School must ensure the Curriculum is no longer used, shared, or displayed.

License Conditions:

1. The Curriculum may only be used for educational programming in accordance with these Terms
2. This license is not assignable or transferable without Rubin Education’s express written consent
3. Off-campus digital access by Authorized Users is permitted as provided by the Curriculum platform
4. Broadcasting, telecasting, or transmission of the Curriculum to unauthorized persons is prohibited

2. User Accounts and Responsibilities

Teachers and students may receive login credentials. Users must keep credentials confidential and secure.

Users may not:

1. Share accounts with any third – parties
2. Attempt to copy, reverse-engineer, or extract source code
3. Use the Platform for unlawful or harmful activities

Schools must ensure that only current staff and enrolled students use the Platform.

Reporting Requirements:

1. Schools will provide location or enrollment data to Rubin Education within ten (10) business days upon reasonable written request
2. Schools must promptly notify Rubin Education of any unauthorized use of the Curriculum

3. Payment Terms and License Activation

Payment Requirements:

1. Full payment is a condition precedent to accessing and using the Curriculum
2. Payment terms are specified on invoices and quotes
3. Payment of an invoice constitutes acceptance of these Terms
4. Renewals or extensions are subject to additional fees as agreed upon prior to renewal

Late Payment: Accounts with overdue balances may have access suspended until payment is received.

4. Data Privacy and Security

Rubin Education is committed to protecting student and educator data and complies with FERPA, COPPA, and the Virginia Consumer Data Protection Act (CDPA).

Data Collected: First and last name and email address of students, for the sole purpose of creating user accounts.

Use and Sharing: We do not sell, rent, or share student personal data with third parties.

Propel Writing Tool: Any personally identifiable information (PII) used within the Propel tool is anonymized and not retained in logs.

Data Retention: All student data is deleted at the end of the license term.

Security: Rubin Education uses commercially reasonable administrative, technical, and physical safeguards to protect data from unauthorized access, disclosure, or misuse.

Questions: Contact us at [support@rubineducation.com] for privacy-related inquiries.

5. Accessibility Commitment

Rubin Education is committed to ensuring our Platform is accessible to all users, including those with disabilities.

Accessibility Standards: Our products meet or exceed WCAG 2.0 Level A and Level AA standards and comply with Section 508 as published in 2017, the ADA, and Section 504 of the Rehabilitation Act.

Accessibility Features:

1. Compatible with assistive technologies including screen readers
2. Keyboard navigation support without keyboard traps
3. Sufficient color contrast ratios
4. Text alternatives for non-text content
5. Captions and transcripts for video content
6. Standard browser zoom capabilities up to 200%
7. ReadSpeaker text-to-speech tool for audio reading of content
8. Customizable font sizes and background colors for enhanced readability

Ongoing Commitment: We conduct regular accessibility evaluations using both automated testing tools and manual testing with assistive technologies to maintain compliance.

Support: Users who encounter accessibility barriers may contact us at support@rubineducation.com, and we will make reasonable efforts to address issues promptly. We also provide video tutorials with audio descriptions to guide users through various aspects of our programs.

6. Intellectual Property and Derivative Works

Rubin Education owns all rights, title, and interest in the Platform, the Curriculum, and all associated intellectual property (including copyrights, trademarks, and trade secrets).

Derivative Works: Schools may create revisions, edits, modifications, customizations, improvements, translations, adaptations, and other materials derived from the Curriculum (“Derivative Works”). However, all such Derivative Works automatically become part of the Curriculum and the exclusive property of Rubin Education for purposes of these Terms.

Marketing and Promotional Content: All marketing and promotional content created by Schools that incorporate any portion of the Curriculum must be approved by Rubin Education in writing prior to distribution.

Schools and Users must follow Rubin Education’s brand and copyright guidelines when using any trademarks, logos, or copyrighted materials.

7. Quality Standards

Schools must use the Curriculum only in connection with high-quality educational programming that complies with all applicable laws and regulations.

Quality Control:

1. Schools shall conduct business and operations so as not to bring disrepute upon the Curriculum or Rubin Education
2. Schools shall not use the Curriculum in a manner that causes physical or emotional distress or is disparaging to Rubin Education
3. Rubin Education may request samples of Curriculum usage and require prompt correction of any quality deficiencies

Suspension for Quality Issues: Without prejudice to termination rights, access to the Curriculum may be suspended for any offering not complying with quality standards until such time as the School has cured such non-compliance.

8. Curriculum Updates and Modifications

Rubin Education reserves the right to amend, update, or modify the Curriculum at any time without notice to better reflect the needs of users worldwide.

Updates to the Curriculum, if any, shall be made available to Schools on the same terms and conditions as other similarly situated customers, in Rubin Education’s sole discretion.

Any updates or upgrades to the Curriculum shall be governed by these Terms unless separate license terms accompany such updates.

Rubin Education is under no obligation to amend, update, or create new content.

9. Term and Termination

License Term: Unless otherwise specified in a quote or invoice, licenses are annual and expire on June 30th of each year. Licenses do not automatically renew.

Termination for Cause: Rubin Education may terminate access immediately upon written notice if a School:

1. Fails to pay licensing fees in full
2. Uses the Curriculum outside the permitted scope
3. Fails to maintain quality standards after notice and opportunity to cure
4. Discloses the Curriculum without authorization
5. Challenges Rubin Education’s intellectual property rights
6. Becomes insolvent or bankrupt
7. Undergoes a change in control that would transfer license rights without consent

Cure Period: For material breaches other than non-payment, Schools have thirty (30) days from written notice to cure the breach.

Effect of Termination: Upon expiration or termination, all rights and licenses immediately cease, and Schools must:

1. Stop all use of the Curriculum
2. Return or destroy all copies of the Curriculum as directed by Rubin Education
3. Provide satisfactory proof of destruction if requested

10. Disclaimers

The Platform and Curriculum are provided “as is” and “as available” without warranties of any kind.

Rubin Education does not guarantee that the Platform will be delivered free of interruptions, delays, omissions, errors, or security vulnerabilities, or that any defects will be corrected.

Rubin Education makes no guarantees of completeness, accuracy, or timeliness.

RUBIN EDUCATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF AVAILABILITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Users assume all risk from use of the Platform.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, RUBIN EDUCATION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO USE OR INABILITY TO USE THE PLATFORM OR CURRICULUM—EVEN IF RUBIN EDUCATION WAS ADVISED SUCH DAMAGES MIGHT OCCUR.

This includes damages from mistakes, omissions, interruptions, deletions, errors, defects, viruses, delays, failures of performance, communications failure, theft, destruction, or unauthorized access.

All limitations apply even if other remedies fail of their essential purpose and regardless of the form of action or alleged basis of claim.

12. Indemnification

Schools agree to defend, indemnify, and hold harmless Rubin Education, its successors, assigns, and licensees, and their respective officers, employees, and agents from any claims, demands, liabilities, suits, actions, judgments, losses, costs, and expenses (including reasonable attorney’s fees) arising from:

1. School’s or Authorized Users’ use of the Platform or Curriculum
2. School’s breach of these Terms
3. School’s manufacture, distribution, advertisement, marketing, promotion, sale, or provision of goods and services in relation to the Curriculum

13. Governing Law and Venue

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law rules.

Jurisdiction: The parties irrevocably consent to the jurisdiction of Virginia state courts sitting in Virginia Beach, Virginia, for any litigation relating to these Terms.

Venue: Venue for any legal action shall lie exclusively with courts sitting in Virginia Beach, Virginia.

14. Force Majeure

Neither party shall be deemed in default due to inability to perform by reason of any fire, earthquake, flood, epidemic, pandemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, act of God, or any municipal, county, state, national or international ordinance, law, or executive, administrative, or judicial order, or any failure or delay of transportation, power, or other essential services, or similar causes beyond the party’s reasonable control.

The affected party shall notify the other party of its inability to perform. Any delay in performance shall be no greater than the duration of the force majeure event.

15. Miscellaneous

Entire Agreement: These Terms constitute the full agreement between you and Rubin Education regarding the subject matter hereof and supersede any prior agreements, representations, or understandings.

Amendment: These Terms cannot be modified except in writing signed by Rubin Education. We may update these Terms by posting revised terms on our website with reasonable notice.

Severability: If any part is unenforceable, the rest remains in effect. Unenforceable provisions will be interpreted to be only as broad as is enforceable.

Waiver: Rubin Education’s failure to enforce any right is not a waiver. Any waiver must be in writing.

Assignment: Schools may not assign these Terms without Rubin Education’s written consent. Rubin Education may assign these Terms without restriction.

Notices: All notices must be in writing and sent to the addresses specified in quotes, invoices, or customer records, or to the contact information below.

16. Contact

Rubin Education
5229 Baptist Circle
Virginia Beach, VA 23464
support@rubineducation.com

---

By accessing or using the Platform, making a purchase, or paying an invoice, you acknowledge that you have read, understood, and agree to be bound by these Terms.