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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 online learning platform, which includes course content, progress planning and other administrative tools, and related K12 supplementary materials ("Materials"), you are to 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 when you do any of the following things after this opportunity to review this agreement:

  • Inform us electronically that you accept; or
  • Activate your service by logging onto the K12 online learning platform.

 

* Denotes the sections that do not apply to customers receiving the online learning platform and/or Materials through a home school assistance program.

  • ONLINE LEARNING PLATFORM SUBSCRIPTION AND ACCESS.
    • *Monthly Subscription Option. 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, at the K12 then-current month-to-month subscription charge. 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 it by notifying K12 Sales by telephone. Cancellations will become effective at 11:59 PM Eastern Standard Time on the date you notify K12 Sales by telephone; however, charges will not be prorated and refunds will not be made for all or any part of a month.
    • 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.
    • 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.

    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 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. 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 an 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 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 iCademy, you will be required to submit additional forms that may be required by iCademy, 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.

    *Ending Your Service. If you selected the Monthly Subscription Option, you may cancel your subscription at any time if you notify K12 Sales by telephone. Until you affirmatively cancel the subscription and that cancellation becomes effective at 11:59 PM Eastern Standard Time on the date you notify K12 Sales by telephone, charges will continue to be made to you for the subscription and you will be responsible for all charges. Charges will not be prorated and refunds will not be made for all or any part of a month. If you selected either Course License Purchase option (Single Payment or Multiple Payment), 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 (for Independent Study courses) or by notifying 888-iCademy (for teacher-supported courses). Cancellations after the applicable period require payment of your remaining balance for the course.

  • 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 Monthly Subscription or Course License Purchase options. All orders for limited licenses to use the Materials are subject to acceptance by K12. 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 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 at our warehouse.
  • *PAYMENT.
    • Online Learning Platform Access. You agree to pay the applicable fees for the applicable K12 Monthly 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. The customer is required to contact K12 to inform and resolve all account, service, and billing disputes. If the customer chooses to issue a chargeback via their credit card company, K12 reserves the right to charge the customer the fees incurred in resolving the disputed charge. If payment is declined by our third party billing processor at any time then the customer's online learning platform can be deactivated immediately at K12's sole discretion. If the customer provides another form of payment, and the payment is secured, then K12 will reactivate the customer's account and a $25 nonrefundable reactivation fee will be charged to customer's credit card. ANY INTERRUPTION IN PAYMENT CAN RESULT IN THE CUSTOMER LOSING ANY DISCOUNT OFFERED BY K12. IN ADDITION, NON PAYMENT MAY RESULT IN K12 REQUIRING THE CUSTOMER TO PAY IN FULL THE BALANCE OF THEIR CONTRACT IN ORDER TO KEEP THEIR ACCOUNT ACTIVE. If collection action is taken to collect funds due to K12 then the customer is responsible for payment of all costs and fees associated with the K12 effort to collect unpaid funds. K12 reserves the right to charge a customer a returned check fee in the amount of $25 per 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.
  • 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 FROM STATE TO 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 arbitrators before the American Arbitration Association ("AAA") or the Better Business Bureau ("BBB"). The complaining party can choose either the AAA's supplementary procedures for consumer-related disputes, an individual action in Small Claims Court, or the BBB's rules for binding arbitration. 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), and the BBB (www.bbb.org).
    • 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.