AGREEMENT TO TERMS
The Terms constitute a legal document that details your and your Student(s) rights and obligations as members ("Member") of the K¹² Service, as described below. All Members must accept the Terms as a condition of membership to the K¹² Service. When you accept the Terms and complete the registration process for the K¹² Service, you become the "Member Account" holder.
For purposes of the Terms, "you" means the Member Account holder.
DESCRIPTION OF SERVICE
K¹² provides you with access to a learning environment, a curriculum based on time-tested and research-based methods of instruction and community tools, including lessons, assessments, various communication tools, directories, clubs, event offerings and opportunities to communicate with other Member families (the "Service"). You also understand and agree that the Service may include certain communications from K¹² such as service announcements, administrative messages, other membership messages and the K¹² newsletter and that these communications are considered part of K¹² membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new K¹² properties, shall be subject to the Terms. You understand and agree that the Service is provided "AS-IS" and that K¹² assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and all fees associated with such access. You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or K¹² has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, K¹² has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). K¹² is concerned about the safety and privacy of all its users, particularly children. When you create a K¹² Student Account and add your Student to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the K¹² Student Account. Please remember that the Service is designed to appeal to users of the K¹²® curriculum and those enrolled in a school using the K¹²® curriculum. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas are appropriate for your child.
As the parent or legal guardian of the Student(s), you always remain ultimately responsible for your Student(s)'s education. You agree to be responsible for your Student(s)'s education, including without limitation, where required or applicable, logging attendance, participating in parent/student conferences, and maintaining equipment and other materials provided by K¹².
You understand and agree that you are not authorized to use the SITE or K¹²-provided computers, materials or services for any purpose not expressly authorized herein. In particular, you agree that you may not use the SITE or K¹²-provided computers, materials or services for the benefit of anyone other than your Student(s) and not for any other person or past the Use Period.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials ("Member Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Member Content originated. This means that you, and not K¹², are entirely responsible for all Member Content that you upload, post, email, transmit or otherwise make available via the Service. K¹² does not control the Member Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Member Content. You understand that by using the Service, you may be exposed to Member Content that is offensive, indecent or objectionable. Under no circumstances will K¹² be liable in any way for any Member Content, including, but not limited to, any errors or omissions in any Member Content, or for any loss or damage of any kind incurred as a result of the use of any Member Content posted, emailed, transmitted or otherwise made available via the Service.
By posting information in or otherwise using any interactive service that may be available to you on or through this Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content—including text, communications, software, images, sounds, data, or other information—that:
- Could be harmful to minors;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), uses vulgar language in the creation of a username, or otherwise violates K¹²'s Terms or policies or these Terms;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, solicits passwords or personally identifiable information, or any form of lottery or gambling, sweepstakes or advertising;
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "Stalk" or otherwise harass another;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any employee or representative of K¹². You also agree that you will not harvest or collect information about the users or Members of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.
You further agree that you will not knowingly solicit or collect personal information from a minor (anyone under 18 years old) without appropriate prior verifiable parental consent. Personal information includes but is not limited to name, address, phone number, or name of their school.
K¹² generally does not pre-screen, monitor, edit or remove Member Content. K¹² and its agents, however, have the right (but not the obligation) at their sole discretion to pre-screen, monitor, edit or remove any Member Content that, in K¹²'s judgment, does not comply with these Terms or is otherwise harmful, objectionable, or inaccurate. K¹² is not responsible for any failure or delay in removing such Member Content. You agree that you must evaluate, and bear all risks associated with, the use of any Member Content, including any reliance on the accuracy, completeness, or usefulness of such Member Content. In this regard, you acknowledge that you may not rely on any Member Content created by K¹² or submitted to K¹².
You acknowledge, consent and agree that K¹² may access, preserve, and disclose your account information and Member Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Member Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of K¹², their users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
K¹² does not claim ownership of Member Content you submit or make available for inclusion on the Service. With respect to Member Content you submit or make available for inclusion on Member accessible areas of the Service, however, you grant K¹² the following world-wide, perpetual, royalty free and non-exclusive license(s), as applicable:
By posting or submitting Member Content to this Site, you grant K¹² and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and you warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by K¹² will not infringe or violate the rights of any third party.
"Member accessible" areas of the Service are those areas of the K¹² network of properties that are intended by K¹² to be available to Members. By way of example, Member accessible areas of the Service would include K¹² Discussion boards and portions of the K¹² Community Chest.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that K¹² may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days discussion board postings or other uploaded Member Content will be retained by the Service, the maximum disk space that will be allotted on K¹²’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that K¹² has no responsibility or liability for the deletion or failure to store any messages and other communications or other Member Content maintained or transmitted by the Service. You acknowledge that K¹² reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that K¹² reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO SERVICE
K¹² reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that K¹² shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You understand and agree that for Student(s) enrolled in a school that uses the K¹²® curriculum, federal, state and/or local law may require that the computer made available to the Student(s) be equipped with filtering software to restrict access to Internet sites containing child pornography, obscene depictions, or other materials harmful to minors under 18 years of age. The software will work by scanning for objectionable works or concepts, as determined by the default settings of the software manufacturer. However, no software is foolproof, and there is a risk an Internet user may be exposed to a site containing such materials. Parents are free to increase the filtering settings to be more stringent than the default settings if they so desire.
You acknowledge and agree that all content, software, and materials available on the SITE are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by K¹², you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on the SITE on a single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrial of data or other content from the SITE to create or compile, directly or indirectly, a collection, compilation, database or directory without permission from K¹² is prohibited. You further agree that upon completion of any K¹² geometry course, you will delete any and all installed versions of The Geometer's Sketchpad software provided to you by K¹². In addition, use of the content or materials for any purpose not expressly permitted in these Terms is prohibited.
LINKING AND THIRD PARTY SITES
ACCESS AND INTERFERENCE
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of or others' use or enjoyment of, the SITE. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
INTERSTATE NATURE OF COMMUNICATIONS ON K¹² NETWORK
When you register with the Service, you acknowledge that in using certain services to send electronic communications (including but not limited to email, search queries, sending messages to K¹² discussion boards, uploading photos and files to K¹², and other Internet activities), you will be causing communications to be sent through K¹²’s computer networks, which are located Virginia. As a result, and also as a result of K¹²’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms, you acknowledge that use of the Service results in interstate data transmissions.
U.S. EXPORT CONTROLS
Software from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
DISCLAIMERS OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. K¹², ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT OR THAT IT WILL MEET YOUR NEEDS OR REQUIREMENTS; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM K¹² OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN K¹²'S TERMS. BECAUSE SOME JURISIDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU EXCEPT THAT K¹²'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT K¹², K¹²'S SUBSIDIARIES, RELATED OR AFFILIATED COMPANIES, AND LICENSORS ("RELEASED PARTIES") SHALL NOT BE LIABILE FOR ANY DIRECT OR, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF K¹² HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE K¹² PRODUCTS, SERVICES OR THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (iv) ANY OTHER MATTER RELATING TO K¹²'S PRODUCTS OR SERVICES OR THE SITE. SOME JURISDICTIONS DO NOT ALOW THE LIMITIATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES. SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU EXCEPT THAT K¹²'S LIABLITY IN SUCH JURSIDCTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU HEREBY RELEASE AND FOREVER DISCHARGE K¹², THE SCHOOL AND ANY CHARTERING DISTRICT OR OTHER CHARTERING AUTHORITY, THEIR OFFICERS AND DIRECTORS, AND THEIR EMPLOYEES, AGENTS, SUCESSORS AND ASSIGNS, ("RELEASED PARTIES"), FROM ALL ACTIONS, CAUSES OF ACTION, INJURIES, CLAIMS, DAMAGES, COSTS OR EXPENSES OF ANY KIND GROWING OUT OF OR RELATED TO YOUR OR YOUR STUDENT(S)' USE OF THE K¹²® CURRICULUM OR SITE. YOU UNDERSTAND THAT THIS IS A FULL AND COMPLETE RELEASE TO THE MAXIMUM EXTENT ALLOWED BY LAW OF ALL CLAIMS AND DAMAGES WHICH YOU OR YOUR STUDENT(S) MAY HAVE AS A RESULT OF HIS OR HER USE OF THE K¹²® CURRICULUM OR SITE REGARDLESS OF THE SPECIFIC CAUSE THEREOF.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY THE LIMITATIONS SET FORTH IN "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITIES" MAY NOT APPLY TO YOU.
CHOICE OF LAW AND FORUM
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law terms. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the SITE shall be filed only in the state or federal courts located in Fairfax County, Virginia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
You agree to defend, indemnify, and hold harmless K¹² and its subsidiaries, related or affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site, including claims arising out Member Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms or your violations of any rights of another. K¹² 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 K¹² in asserting any available defenses.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, these Terms along, with the Enrollment Form, and Primary Adult designation, (if applicable), constitute the entire agreement between you and K¹² with respect to the SITE and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and K¹² with respect to the SITE. 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.
You agree that K¹² may, under certain circumstances and without prior notice, immediately suspend, terminate and/or delete your K¹² account and access to the Service. Cause for such suspension, termination and/or deletion shall include, but not be limited to, (a) breaches or violations of the Terms, or of other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Service. Termination of your K¹² account may include (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in K¹²’s sole discretion and that K¹² shall not be liable to you or any third party for any termination of your account, or access to the Service.
K¹² is a registered trademark and the K¹² logo, xPotential and Unleash the xPotential are trademarks of K12 Inc.
Please report any violations of the Terms to our Customer Support group.