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 includes course content, progress planning and other administrative tools, and related supplementary materials ("Materials"), 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.
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:
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.
a) Teacher-supported courses 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 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.
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 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.
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.
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.