Terms of Use

Legal Information & Notices

Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the K12Learn web site located at www.K12Learn.com (collectively, the "Site"). The Site is the property of K12Learn LLC ("K12Learn") and its licensors. By using the Site, you agree to be bound by the following terms and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE THE SITE.

K12Learn reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, K12Learn grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to K12Learn, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Limited License
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, altered, modified, stored or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without K12Learn's express prior written consent.

We grant you permission to print individual pages from the Site, unless otherwise expressly noted, for your own personal, non-commercial use in learning about, evaluating or purchasing the services or products offered on the Site. This grant of permission is not a transfer of title, and under this permission you may not:

use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
remove any copyright, trademark or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.

We make no warranties or representations to you that your use of any materials displayed on the Site will not infringe the rights of third parties.

Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. K12Learn reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any K12Learn server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of K12Learn, including any K12Learn account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or K12Learn's systems or networks, or any systems or networks connected to the Site or to K12Learn.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to K12Learn on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

With respect to material that you post on the Site in connection with your use of the Site, you agree not to submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law, regulation, or rule. You are solely responsible for any material you submit to the Site. You further agree not to upload, email, post or transmit to, or distribute or otherwise publish through the Site any material which disrupts the normal operation of the Site, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using the Site. K12Learn may from time to time monitor, review and, in its sole discretion, modify or delete any postings you make on the Site however, Company is not obligated to do so.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of K12Learn or others.

Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an K12Learn ID and password). You are entirely responsible: for maintaining the confidentiality of your account information, including your password; for any and all activity that occurs under your account; and for restricting access to your computer. You agree to notify K12Learn immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by K12Learn or any other user of or visitor to the Site due to someone else using your K12Learn ID, password or account. Transfer of the account by you to any other person or entity is prohibited.

You may not use anyone else's K12Learn ID, password or account at any time without the express permission and consent of the holder of that K12Learn ID, password or account. K12Learn cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy
K12Learn's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the K12Learn Site
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under K12Learn's control, and K12Learn is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers
K12LEARN DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. K12LEARN CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. K12LEARN MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THIS SITE, OR ON ANY SITE OR SITES "LINKED" TO THIS SITE. K12LEARN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

K12Learn reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL K12LEARN OR ITS AFFILIATES, CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES HAVE ANY LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR INABILITY TO USE THE SITE, CONTENT OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY. YOUR SOLE REMEDY AGAINST K12LEARN FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

If, notwithstanding the other provisions of these Terms of Use, K12Learn is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, K12Learn's liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against K12Learn or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity
You agree to indemnify and hold K12Learn, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against K12Learn by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use
K12Learn may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) K12Learn's rights or property, or the rights or property of visitors to or users of the Site, including K12Learn's customers. K12Learn reserves the right at all times to disclose any information that K12Learn deems necessary to comply with any applicable law, regulation, legal process or governmental request. K12Learn also may disclose your information when K12Learn determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that K12Learn may preserve any transmittal or communication by you with K12Learn through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or K12Learn determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of K12Learn, its employees, users of or visitors to the Site, and the public.
You agree that K12Learn may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated or may violate these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to K12Learn, for which monetary damages would be inadequate, and you consent to K12Learn obtaining any injunctive or equitable relief that K12Learn deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies K12Learn may have at law or in equity.

You agree that K12Learn may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If K12Learn does take any legal action against you as a result of your violation of these Terms of Use, K12Learn will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to K12Learn. You agree that K12Learn will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Feedback and Information
If you give any information to us, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information, you are giving that information, and all your rights in it, to K12Learn free of charge, and that information will be treated as non-confidential and non-proprietary and may be used by K12Learn for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by e-mail, through a form on the Site, or in any other manner.

Through your usage of the Site, you may submit and/or K12Learn may gather certain limited information about you and your web site usage. K12Learn is free to use such information for any purpose it deems appropriate, including marketing purposes.

United States Only
All materials on this Site are provided solely for the purpose of promoting K12Learn's operations and products in the United States and its territories and possessions. K12Learn makes no representation that the materials on the Site are appropriate or available for use in other locations. If despite these conditions, you use the Site from outside the United States, you are solely responsible for compliance with any applicable local laws.

Trademarks, Trade Names, and Service Marks
Unless otherwise indicated, all logos, names, package designs, and marks on the Site are trademarks or service marks owned or used under license by K12Learn. The use or misuse of any of these marks or other information is strictly prohibited.

Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Indiana without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Marion County, Indiana and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between K12Learn and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. This represents the full understanding of the parties with respect to the subject matter hereof. K12Learn's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by K12Learn of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between K12Learn and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Contact
Any questions may be directed to:

K12Learn, LLC
PO Box 578
Fishers, IN 46038
E-mail: info@k12learn.com