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Terms & ConditionsTERMS OF USE (General Access)AGREEMENT TO TERMS Welcome to K12.com. The following are the terms of use ("Terms") that govern the use of the K12.com web Sites and the web sites of our affiliated schools (collectively the "Sites"). By visiting or using the Sites, you expressly agree to be bound by these Terms and to follow all applicable laws and regulations governing the Sites. K12 Inc. ("K12") reserves the right to change the Terms at any time, effective immediately upon posting on the Sites. Please check this page on the Sites periodically. If you violate these Terms, K12 may terminate your use of the Sites, bar you from future use of the Sites, or take appropriate action against you as allowed by law. PERMITTED USE You agree that you are only authorized to visit, use, and view and retain a copy of pages on these Sites for your own personal use. Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on these Sites is strictly prohibited without the express written permission of K12. PROPRIETARY RIGHTS You acknowledge and agree that all content, software and materials available on these Sites are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and that all right, title and interest in and to all such content, software and materials is owned by or licensed to K12. 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 these Sites on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from these Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from K12 is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms is prohibited. USER CONTENT AND USER'S GRANT OF LICENSE There may be opportunities for you to contribute to these Sites. Other than in your registration for our Sites, newsletter, etc., you should not post information about yourself on the Sites in your profile or while otherwise using the Sites that can be used to identify you, your home or work address, phone numbers, pagers, e-mail address or other such information. K12 cannot prevent such information from being used in a manner that violates these rules, the law, or your personal privacy and safety. By posting such information on the Sites, you violate these Terms of Use, and you assume the risks and sole liability for the results of such posting. By posting information on these Sites or otherwise using any interactive service that may be available to you on or through these Sites, 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:
K12 does not pre-screen, monitor, or edit the content posted by users of these Sites. However, K12 and its agents have the right at their sole discretion to remove any 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 content. Further, by posting or submitting content to these Sites, you grant K12 and its subsidiaries, affiliates and licensees the right to use, copy, reproduce, display, perform, adapt, modify, publish, transmit, distribute, have distributed, and promote the content, or any part thereof, in any and all formats now known or hereinafter used, on a world-wide basis, and waive any moral rights therein. K12 shall be free to use such content, including ideas, concepts, know-how or techniques contained in such content for any reason whatsoever. You warrant and represent that you own or otherwise control all of the rights in and 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. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT K12 and its affiliated companies respect the intellectual property of others, and we ask our content partners and users posting to these Sites to do the same. If you believe that your copyrighted work has been copied and is accessible on these Sites in a way that constitutes copyright infringement, you may notify K12 by providing our copyright agent with the following information:
By mail: General Counsel's Office K12 Inc. 2300 Corporate Park Drive Herndon, VA 20171 By phone: 1-888-968-7512 (toll free) By e-mail: copyright@K12.com This contact information is only for reporting claims of copyright or other intellectual property infringement. LINKING AND THIRD PARTY SITESS You may not link or deep-link to these Sites or any content contained on it without K12's prior written consent. These Sites may produce automated search results that reference or otherwise link you to other third party Sites on the Internet. These Sites may contain information or material that some people may find inappropriate or offensive. These other Sites are not under the control of K12 and are subject to their own terms of use and privacy policies. You acknowledge that K12 is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Sites. The inclusion of such a link does not imply endorsement of the Sites by K12 or any association with its operators, nor does K12 warrant that other Sites will not contain viruses or otherwise affect your computer. ACCESS AND INTERFERENCE You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content or for any other unauthorized purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of these Sites. You agree that you will not take any action that imposes an unreasonable or disproportionately large burden on our infrastructure. INTERNATIONAL USE K12 makes no representation that materials on these Sites are appropriate or available for use in locations outside the United States. Those who choose to access these Sites from other locations do so at their own risk, and are responsible for compliance with all applicable local laws. U.S. EXPORT CONTROLS Software from these Sites is further subject to United States export controls. No software from these Sites 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. DISCLAIMER OF WARRANTIES ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THESE SITES (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 THESE SITES 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. YOUR USE OF THESE SITES IS SOLELY AT YOUR RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR 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 THESE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN K12'S TERMS OF SERVICE. BECAUSE SOME JURISDICTIONS 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, ITS SUBSIDIARIES, RELATED OR AFFILIATED COMPANIES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, 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, SERVICE, OR THESE SITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR (v) ANY OTHER MATTER RELATING TO K12'S PRODUCTS OR SERVICES OR THESE SITES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU EXCEPT THAT K12'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. INDEMNIFICATION Upon a request by K12, you agree to defend, indemnify, and hold harmless K12 and its subsidiaries, affiliates and licensees, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, which arise from your use or misuse of these Sites. 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. 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 principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of these Sites 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. SEVERABILITY AND INTEGRATION Unless otherwise specified herein, this agreement and the K12 Privacy Policy constitute the entire agreement between you and K12 with respect to your use of these Sites and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and K12 with respect to these Sites. If any part of these Terms is 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. TERMINATION K12 reserves the right, in its sole discretion, to terminate your access to all or part of these Sites, with or without notice. K12 may disclose user information about you if required by applicable law or by subpoena or court order. If you have any questions about these Terms, please click here to send us an e-mail. These Terms were last updated on May 8, 2004. © K12 Inc. All Rights Reserved. |
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