K12 Customer Agreement

IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY ACCEPTING THIS AGREEMENT, YOU ARE AGREEING TO COMPLY WITH ALL OF ITS TERMS AND CONDITIONS.

Before being given access to the proprietary K12’s online learning platform, which may include course content, progress planning and other administrative tools, and related supplementary materials ("Materials") and certain Third-Party Services (as defined below), you must review this Customer Agreement. If you agree to be bound by the terms and conditions of this Agreement you will be given access to the online learning platform and will be eligible to use the related Materials and certain Third-Party Services.

THIS AGREEMENT STARTS WHEN YOU ACCEPT IT

You accept these Terms and Conditions when you do any of the following things after this opportunity to review this agreement:

• Electronically check the box indicating agreement with the terms and conditions of your purchase upon checkout
• Activate your service by logging onto the K12 online learning platform.

• ONLINE LEARNING PLATFORM SUBSCRIPTION AND ACCESS.
• MONTHLY SUBSCRIPTION OPTION. This option provides access and use of the course or courses you selected by a single named student. This is a monthly subscription that automatically renews for additional one-month periods until cancelled. The initial one-month cost is at the current monthly subscription charge. Subsequent one-month charges will be at the monthly subscription charge in effect on the date of renewal. You will be charged pursuant to the method and terms of payment you indicated during checkout. Your subscription will continue indefinitely, for one-month terms, until you cancel it. You can cancel it by notifying K12 Sales by telephone at 866.512.6463 between 8:00 AM – 9:00 PM ET, Monday – Friday (holidays excluded). California residents who order online can cancel online; details will be sent to you. Cancellations will become effective at 11:59 PM Eastern Standard Time on the date you notify K12 Sales; however, charges will not be prorated, and refunds will not be made for all or any part of a month. To cancel before a new one-month term, you must cancel at least the last weekday (holidays excluded) before the new term begins. By submitting your order, you are agreeing to these terms.

• ANNUAL SUBSCRIPTION OPTION. This option provides access and use of the course or courses you selected by a single named student. This is an annual subscription that automatically renews for additional one-year periods until cancelled. The initial one-year cost is at the current annual subscription charge. Subsequent one-year charges will be at the annual subscription charge in effect on the date of renewal. You will be charged pursuant to the method and terms of payment you indicated during checkout. Your subscription will continue indefinitely, for one-year terms, until you cancel it. You can cancel it by notifying K12 Sales by telephone at 866.512.6463 between 8:00 AM – 9:00 PM ET, Monday – Friday (holidays excluded). California residents who order online can cancel online; details will be sent to you. Cancellations will become effective at 11:59 PM Eastern Standard Time on the date you notify K12 Sales; however, charges will not be prorated, and refunds will not be made for all or any part of a year. To cancel before a new one-year term, you must cancel at least the last weekday (holidays excluded) before the new term begins. By submitting your order, you are agreeing to these terms.
• Course License Purchase - Single Payment. After you have selected this option and completed check out, you will be given the opportunity to access and use the course or courses you selected for a single named student for the time period established by K12 for that course, which shall not exceed twelve months from the course's start date. You will be charged pursuant to the method and terms of payment you indicated during checkout. You can cancel your order for a full refund, less an activation fee, within 30 days of the course start date (except for summer courses, which must be cancelled within 7 days) by notifying K12 Sales by telephone 855.534.6298 (for Independent Study courses) or by notifying K12 International Academy by calling 1- 888-iCademy (for teacher-supported courses) between 8:00 AM – 9:00 PM ET, Monday - Friday. Cancellations after the applicable period require payment of your remaining balance for the course.
• Course License Purchase - Multiple Payments. After you have selected this option and completed check out, you will be given the opportunity to access and use the course or courses you selected for a single named student for the time period established by K12 for that course, which shall not exceed twelve months from the course's start date. You will be charged pursuant to the method and terms of payment you indicated during checkout. You can cancel your order for a full refund, less an activation fee, within 30 days of the course start date (except for summer courses, which must be cancelled within 7 days) by notifying K12 Sales by telephone 855.534.6298 (for Independent Study courses) or by notifying K12 International Academy by calling 1- 888-iCademy (for teacher-supported courses) between 8:00 AM – 9:00 PM ET, Monday - Friday. Cancellations after the applicable period require payment of your remaining balance for the course.
• K12 Live Online Tutoring. After you have selected this option and completed check out, you will be given the opportunity to access and use the K12 Live Online Tutoring Session(s) (“Session(s)”) you selected for a single named student for the time period of the Session(s). You will be charged pursuant to the method and terms of payment you indicated during checkout. K12 Live Online Tutoring Session(s) are non-refundable.

• Stride Student Success Coaching. After you have selected this option and completed check out, you will receive an email from your assigned career coach within 24 hours giving you the opportunity to schedule the Stride Student Success Coaching Session(s) (“Session(s)”) you selected for a single named student for the time period of the Session(s). You will be charged pursuant to the method and terms of payment you indicated during checkout. Stride Student Success Coaching Session(s) are non-refundable.
• Free Trial Terms and Conditions. The free trial shall last for the defined period only.  After the free trial period, the K12 current month-to-month subscription fee will be charged pursuant to the method of payment indicated during checkout. The month-to-month subscription charge may be changed by K12 at its discretion with or without notice to you. You will be charged pursuant to the method and terms of payment you indicated during checkout at the rate in effect by K12 for that month. Your subscription will continue indefinitely until you cancel it. You can cancel anytime by notifying K12 Sales by telephone at 866.512.6463. Cancellations will become effective at 11:59 PM Eastern Standard Time on the date you notify K12 Sales by telephone at 866.512.6463 between 8:00 AM – 9:00 PM ET, Monday - Friday; Charges will not be prorated, and refunds will not be made for all or any part of a month.

Access Code(s). You will be given a unique registration code that allows each named student for whom you purchase a license to a course or subscription to access the specific course through the online learning platform upon the K12 activation date (the date that the online learning platform course access begins). It is your responsibility to ensure that each named student keeps his or her registration code or password confidential and does not share it with any other person.

Additional Terms:

a) Teacher-supported courses and K12 Live Online Tutoring Session(s) are offered subject to availability; availability may not be finalized until the enrollment cutoff date. In the event that K12 determines that a teacher-supported course or K12 Live Online Tutoring Session(s) you selected is not available, K12 will provide you with the option of a refund or enrollment in an alternate course(s) selected by K12.

b) K12 will make the online learning platform available to you through selected Internet browsers. Please see the K12 Technical Requirements for recommended Internet browser details. You may also need certain software to open and/or read and/or use certain applications or documentation made available within the online learning platform. You may contact K12 Sales to determine which browsers are compatible with and which software is necessary for the K12 online learning platform. You must have a high speed internet connection to access the online learning platform. It is your responsibility to set up, pay for and maintain an Internet connection, browser and associated software during your subscription or access period.

c) Each K12 subscription or course license purchase is subject to the Terms of Use (which can be viewed here) and Privacy Policy (which can be viewed here) that are posted on the online learning platform web site and are subject to change from time to time.

d) To access courses that are offered through the K12 International Academy, you will be required to submit additional forms that may be required by K12 International Academy, which may include proof of age (due to accreditation requirements), and you are also required to comply with additional terms and conditions that can be found in the K12 International Academy Student-Parent Handbook and the K12 International Academy Payment and Refund Terms.

MATERIALS

• *Orders. K12 offers the following types of materials that are described in the K12 catalog and the online learning platform: (a) Student Pages; (b) Teacher Pages; (c) Standard Material Kits; (d) Consumable Material Kits; (e) Upgrade Material Kits; and (f) Booster Material Kits. By placing an order, you are purchasing a limited license to use the Materials. Material license purchases may be limited to those Materials corresponding to active courses selected for the Subscription or Course License Purchase options. All orders for limited licenses to use the Materials are subject to acceptance of the terms of this Agreement and any additional terms posted to the K12 website and/or communicated to you prior to placing an order for Materials will become a part of this Agreement at the time you place an order.
• License. Subject to any additional terms that may be applicable to individual Materials, of which you will be advised prior to ordering a license for those Materials, K12 hereby grants you a limited license to use any Materials that you order and pay for only for the benefit of the single named student that has registered for the applicable online learning platform course of study. You may not reproduce or distribute any Materials or transfer or sell any Materials to any third party. Use of any Materials other than as permitted by this license shall be grounds for K12 to terminate this Agreement.
• *Returns/Refunds. You may return your unused Materials in their original condition the later of a) WITHIN 30 DAYS of the Materials shipment date (WITHIN 7 days for summer courses), or b) WITHIN 30 DAYS after the associated course start date (WITHIN 7 days for summer courses) for a refund, shipping costs and restocking fee excluded. You must call K12 Sales at 855.534.6298 between 8:00 AM – 9:00 PM ET, Monday - Friday to notify K12 of your intent to return the Materials and ship the Materials via a traceable method to be eligible for a refund. Refunds will be processed approximately 30 days after the receipt of the Materials at our warehouse.

Materials Reshipment Policy

Upon receipt of school materials, you are responsible for reviewing the contents in the boxes to those listed on the packing list for completeness and accuracy.

• If you encounter missing or damaged item(s), you are responsible for notifying K12 Sales Support at (salessupport@k12.com) within 30 days of receipt of shipment.
• If the missing or damaged item(s) are a result of a K12 or K12 vendor error, K12 will replace the item(s) at no cost to the you.
• If K12 is notified of missing or damaged item(s) after 30 days of receipt of shipment and/or the item(s) missing or damaged is not the fault of K12 or K12 vendor error, you will be sent a replacement and charged a replacement fee as well as the cost of shipping the replacement materials.

  PAYMENT

• Online Learning Platform Access. You agree to pay the applicable fees for the applicable Subscription Option or Course License Purchase you have accepted.
• Materials Charges. K12 requires payment of materials charges by credit card when an order is placed.
• Other Fees. You agree to pay the other applicable charges related to your purchase as outlined in any additional terms posted to the K12 website and/or communicated to you prior to placing an order. These fees may include shipping, activation and course change fees.
• Taxes. All charges and fees are exclusive of all federal, state, municipal or other governmental sales and other taxes now in force or enacted in the future. You agree to pay all applicable taxes. If you are tax-exempt, you must provide K12 with your exemption certificates or other acceptable evidence of your tax-exempt status.
• Payment Terms. K12 requires payment by credit card when an order is placed, whether the order is placed over the phone with a K12 sales representative or whether the order is entered via the K12 secure website.  You are required to contact K12 Sales at 855.534.6298 between 8:00 AM – 9:00 PM ET, Monday - Friday to inform and resolve all account, service, and billing disputes If you choose to issue a chargeback via your credit card company, K12 reserves the right to charge you the fees incurred in resolving the disputed charge. If payment is at any time declined by K12’s third party billing processor then at K12's sole discretion we may immediately deactivate your online learning platform access. If you provide another form of payment, and the payment is secured, then K12 will reactivate your account and charge a $25 nonrefundable reactivation fee to your credit card. ANY INTERRUPTION IN PAYMENT CAN RESULT IN YOU LOSING ANY DISCOUNT OFFERED BY K12. IN ADDITION, NON-PAYMENT MAY RESULT IN K12 REQUIRING YOU TO PAY IN FULL THE BALANCE OF YOUR CONTRACT IN ORDER TO KEEP YOUR ACCOUNT ACTIVE. If collection action is taken to collect funds due to K12 then you are responsible for payment of all costs and fees, including attorney’s fees, associated with K12’s effort to collect unpaid funds.  K12 reserves the right to charge you a returned check fee in the amount of $25 per returned check and per event or in accordance with local statutes.

 INTERNATIONAL ORDERS. Notwithstanding any other provision of this Customer Agreement, refunds for orders from any address outside of the United States will only be made by credit to the same credit card number on which a purchase was made. If that credit card number is no longer valid, for any reason, no refund will be available. Refunds and credits for international customers may be further restricted or unavailable to the extent required by United States law. International orders are further subject to United States export controls. No K12 software or Materials 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 purchasing or using K12 software or the Materials, 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. K12 MAKES NO WARRANTIES WITH RESPECT TO THE ONLINE LEARNING PLATFORM AND THE MATERIALS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. K12 DOES NOT WARRANT THAT ACCESS TO THE ONLINE LEARNING PLATFORM WILL BE UNINTERRUPTED OR THAT ONLINE LEARNING PLATFORM OR THE MATERIALS ARE ERROR-FREE.  K12 HAS NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTIES ON ITS BEHALF. SOME STATES DO NOT ALLOW THE DISCLAIMER OF ALL WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY DEPENDING ON YOUR STATE.

SUSPENSION; TERMINATION. K12 may suspend your access to the online learning platform, without additional notice, if we have not received payment for service or if you are not in compliance with requirements provided in the K12 International Academy Student-Parent Handbook.  K12 can also temporarily limit your service for operational reasons. In addition, K12 may terminate access if you breach or otherwise fail to perform any material terms of this Agreement and do not cure your breach within 15 days after K12 has notified you of it.

LIMITATIONS OF LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE ONLINE LEARNING PLATFORM OR THE MATERIALS, WHETHER BASED ON CONTRACT (INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY) OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE). THE TOTAL AGGREGATE LIABILITY OF EACH PARTY TO THE OTHER PARTY UNDER THIS AGREEMENT, WHETHER ARISING OUT OF BREACH OF CONTRACT (INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY) OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNTS PAYABLE TO K12 BY YOU UNDER THIS AGREEMENT FOR THE CALENDAR YEAR DURING WHICH THE CLAIM(S) AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

DISPUTE RESOLUTION AND BINDING ARBITRATION.

• Small Claims Court and Binding Arbitration. Except for disputes that are resolved in Small Claims Court, the parties agree to fully and finally settle all disputes, claims or controversies arising out of or related to this agreement, the online learning platform or the Materials only by binding arbitration. There is no judge or jury in arbitration, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations in this agreement, as a court would. If an applicable statute provides for an award of attorney's fees, an arbitrator can award them, too, to the extent permitted by law. The parties also agree that, except for disputes that are resolved in small claims court: (1) the Federal Arbitration Act applies to this agreement and any controversy or claim arising out of or relating to this agreement, the online learning platform or any Materials and (2) any dispute between the parties will be settled by a neutral arbitrator before the American Arbitration Association ("AAA"). The complaining party can choose either the AAA's supplementary procedures for consumer-related disputes or an individual action in Small Claims Court. The arbitrators must apply the federal rules of evidence and either party may have an award reviewed by a panel of three (3) new arbitrators. You can obtain procedures, rules, and fee information from the AAA (www.adr.org).
• No Class or Representative Proceedings: Class Action Waiver. YOU AND K12 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and K12 agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
• Any arbitration award made after completion of arbitration is final and binding and may be enforced by any court of competent jurisdiction. An award and any judgment enforcing it only applies to the arbitration proceeding in which it was awarded and cannot be used in any other case except to enforce the award itself.

 GOVERNING LAW. This agreement, including its validity or applicability, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its choice of law rules with the sole exception that if the application of Virginia law is held to be invalid due to public policy reasons, then this agreement, including its validity or applicability, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its choice of law rules.

ABOUT THIS AGREEMENT. A waiver of any part of this Agreement in one instance is not a waiver of any other part or any other instance. You are not permitted to assign this agreement or any of your rights or duties under it. Notices are considered delivered when either party sends them by email or fax to the email address or fax number provided by the other party or 3 days after mailing by first-class mail, return receipt requested, to the most recent address provided by the other party. If any part of this Agreement, including any part of its arbitration provisions, is held invalid for any reason, the remaining provisions shall not in any way be affected or impaired. You agree not to sell or otherwise transfer the online learning platform account password or any Materials. This Agreement and the documents to which it refers form the entire agreement between us on their subjects. You may not rely on any other documents or statements on those subjects by any sales or service representatives. This Agreement is not for the benefit of any third party. You represent that you are at least 18 years old and have the legal capacity to accept this Agreement. If you are contracting on behalf of a company or school district, you represent that you are authorized to bind it, and where the context requires, "you" means the company or school district. 

THIRD PARTY SERVICES AND THIRD-PARTY SERVICES DISCLAIMER. Third Party Services refer to web-based software, content or services licensed by K12 from a third party for use by K12 to offer to you. Your use of Third-Party Services may be subject to additional terms from the third parties, some of which are listed below or can be found at the third-party links provided below. ALL THIRD-PARTY SERVICES ARE PROVIDED BY K12 “AS IS.” K12 MAKES NO REPRESENTATIONS OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. K12 transfers to you, to the extent transferable, warranties and indemnities K12 receives from the Third-Party Service provider. K12’s sole obligation with respect to the Third-Party Service will be to use reasonable commercial efforts to facilitate warranty and indemnification claims that you make against the Third-Party Service. You, recognizing that K12 is not the provider of the Third-Party Service, expressly waives any claim that you may have against K12 for product liability or infringement of any intellectual property right with respect to any Third-Party Service, as well any right to indemnification from K12 on account of any such claim made against you by a third party.

1. CyberActive Inc. DriverEdToGo.com. If you purchase the CyberActive Inc. DriverEdToGo.com product, then the following additional terms will apply:

Courses offered on DriverEdToGo.com (hereinafter referred to as DETG) are approved by various licensing agencies in California, Colorado, Florida, Georgia, Indiana, Minnesota, Nebraska, Nevada, Ohio, Oklahoma, Pennsylvania,  Texas, Utah, Virginia and Wisconsin. DETG partners with approved driver education providers wherever its own course is not approved. Other courses offered by DETG are intended as learning supplements only and may not satisfy your state's driver education requirement. If you are unsure whether your state approves DETG, please call us at 1 (866) 749 4445 and ask one of our customer service agents.

ACCEPTANCE OF CONTRACT TERMS

The following are terms of a legal agreement between you and DETG. By accessing, using, and/or browsing this site, you acknowledge that you have read, understood, and agree to be bound by the terms of this agreement:

(1) Use of the DETG driver education web site: Falsification of documents submitted to the Texas Department of Licensing and Regulation or other licensing agency is a crime and punishable by law. By registering for the DETG driver education course and receiving a certificate of completion, you are stating that you meet the learner permit or driver license eligibility requirements of your state, and that you have studied all of the material in the DETG course, completed all of the quizzes at the end of each chapter and completed the final examination at the end of the course.

(2) State Approval: NOT ALL STATES ALLOW HOME STUDY DRIVER EDUCATION. DETG has partnered with state-approved providers where its own course is not approved. For those states that do not allow home-study driver education, the DETG course will explicitly state that it is intended as a learning supplement only. No refunds shall be issued for any course, approved or learning supplement, once the certificate of completion has been processed.

a) Please note that our course is only approved in states where we state that our course is approved. When our website does not specifically state that the online driver education course is approved and only states that we offer online driver education, this means that we are not officially approved in that particular state and any courses offered in that state are intended to supplement a state-approved program.

(3) Copyright and Proprietary Rights: This World Wide Web site is the property of DETG. All copyright, trademark, and other proprietary rights in the DETG site and in the text, graphics, and design elements used by DETG on its site are the property of DETG. You may not reproduce, upload, post, transmit, download or distribute any part of the DETG web site or information accessed at other sites through links made at the DETG site (hereinafter referred to as "Other Sites"), other than printing out or downloading portions of the text and images for your own personal, educational, and non-commercial use. You may not modify the DETG site, Other Sites, or any material residing on such sites. You must observe copyright and other restrictions imposed by Other Sites, or any material residing on such sites. You may not use the DETG site or Other Sites in any manner that infringes the rights of any person or entity.

(4) Exclusions of Warranties: The materials on this site are "As Is". No warranties of any kind are made with respect to DETG site. DETG does not warrant that the DETG site will meet your requirements, will be accurate at all times, or will be uninterrupted or error free. We expressly exclude and disclaim all express and implied warranties of merchantability and fitness for a particular purpose. We shall not be responsible for any damage or loss of any kind arising out of or related to your use of the DETG site, including without limitation data loss or corruption, regardless of whether such liability is based in tort, contract or otherwise.

(a) DETG makes no guarantees or warranties that its course will improve your driving skills and abilities.

(5) The information provided on this World Wide Web site is accurate to the best of our knowledge. It may be incorrect or an opinion. You should refer to your state's vehicle code for exact accuracy.

(6) Public Content Posted to DETG message boards Publicly accessible areas of DETG are those accessible by the general public, such as the message boards.

a. When you post content on the DETG website for inclusion in publicly accessible areas of DETG website, you grant DETG the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific DETG Service to which such Content was submitted.

b. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.

c. With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant DETG the royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

(7) Choice Of Law And Jurisdiction. This DETG website is operated from the CyberActive Incorporated offices in the State of California, Los Angeles County, United States of America. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to any conflict of law principles.

(8) Optional Upgrades. The DETG course cost includes access to all course materials and the final examination, but may exclude the cost of shipping your certificate of completion and any optional upgrades ("Upgrades") you may select prior to completing the course. Upgrades include expedited shipping for your certificate of completion or course enhancements such as the audio read along narration, same day certificate processing, transcripts for high school credit, videos/DVDs, or other supplemental learning products that are not part of the course.

(9) Refunds & Chargebacks. The DETG course is not eligible for refund or chargeback.