Effective Date: July 7, 2016
1. Access Eligibility.
You must be at least eighteen (18) years of age to register to use the Website and Services. K12 Publishing’s Services are available only to individuals who can form legally binding contracts under applicable law and to those minors who have been granted access to the Services by their parents or legal guardians. K12 Publishing reserves the right to refuse access to, or use of our Website or Services to anyone not complying with this Agreement, at any time, in its sole discretion.
2. Registration/Your Account.
3. Electronic Communications.
When You send e-mails to K12 Publishing or visit the Website, You are communicating with K12 Publishing electronically. By registering Your Account, You agree that K12 Publishing may send e-mails to You and You consent to receive e-mails or other electronic communications from K12 Publishing. Generally, K12 Publishing will communicate with You by e-mail or by posting notices on this Website.
This Agreement shall remain in full force and effect while You are using the Website or Services whether You are a visitor or a registered User. You may delete Your Account at any time, for any or no reason, by sending Your request to firstname.lastname@example.org or by cancelling online in your account dashboard under “edit profile”. However, please note that even if You delete Your Account but continue to use the Services as a visitor, Your use of the Services is still subject to this Agreement. K12 Publishing may terminate Your Account or rights to use the Services for any or no reason at any time by ceasing to provide the Services to You. You understand that termination of this Agreement and the Account You have created with K12 Publishing may involve deletion of Your Account information from K12 Publishing’s databases. K12 Publishing will not have any liability whatsoever to You for any termination of Your Account or related deletion of Your information.
5. Ownership of Services and Content.
You acknowledge that all the intellectual property rights in the Website, Services, and Content are owned by K12 Publishing or its third party licensors. You agree not to: (a) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Website, Services, or related Content and (b) rent, lease, loan, or sell access to the Services. For this Agreement “Content” means any work of authorship, without limitation, books, text, software, graphics, photos, sounds, music, videos, and interactive features on the Website.
6. Grant of License.
K12 Publishing grants You a personal, revocable, non-exclusive, non-transferable, non-sublicensable, world-wide, license to access and use the Services solely for personal, non-commercial purposes as permitted by this Agreement. You are permitted to download and print reading passages/questions, answer keys and reading sets and reproduce printable copies for students (e.g. in a classroom setting). This license to You will automatically terminate if you violate this Agreement. Except for the foregoing limited license, no right, title or interest is transferred to You. K12 Publishing may allow you to store encrypted, cached Content on Your computer, tablet, smartphone or other compatible internet-connected device. You may not transfer copies of cached Content to any other device and You may not post passages, reading set PDFs, or other Content on any school networks, blogs, social media accounts, or websites without the express written permission of K12 Publishing, but may link to any section of the ReadingVine.com website using URL hyperlinks.
7. Availability of Content.
The availability of Content may change from time to time and K12 Publishing does not guarantee that any K12 Publishing Content or third party licensor Content will be available or remain available on the Website or through the Services. K12 Publishing reserves the right to modify or remove Content without notice for any reason.
8. Third Party Links.
9. Violation of this Agreement.
10. Lawful Use.
You will use the Website and Services in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. The Services are for the personal use of Users only.
11. Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. K12 PUBLISHING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. K12 PUBLISHING MAKES NO PROMISES REGARDING RESULTS OF USING THE SERVICES AND K12 PUBLISHING MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY APPLICATION THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE, OR DATA THAT RESULTS FROM THE USE OF THE SERVICES. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
12. Limitation of Liability.
YOU AGREE THAT THIS WEBSITE, K12 PUBLISHING, ITS OWNERS, OFFICERS, AND EMPLOYEES SHALL IN NO WAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY: YOUR USE OF OR INABILITY TO USE THE SERVICES.
You agree to indemnify and hold harmless this Website, K12 Publishing, its officers, directors, employees, third party licensors, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that You have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of this Agreement, or any other claim related to Your use of the Services.
14. Governing Law and Venue.
Your use of the Website and this Agreement shall be governed by the laws of the State of Tennessee where permitted. Should a dispute arise concerning this Agreement or the breach of this Agreement by any party, such dispute shall be brought in a court of competent jurisdiction in Williamson County, Tennessee. To the extent permitted by law, You agree that You will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that You may have against K12 Publishing. You agree to the entry of injunctive relief to stop such a lawsuit or to remove You as a participant in the suit.
15. Attorneys’ Fees.
In the event that K12 Publishing must bring legal action in order to enforce this Agreement or You bring legal action against K12 Publishing, and if K12 Publishing prevails, You shall pay K12 Publishing’s costs of litigation, including reasonable attorneys’ fees and court costs.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by K12 Publishing without restriction
17. Survival of Terms.
The terms of Sections 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, and 16 of this Agreement shall remain in full force and effect notwithstanding the termination of this Agreement.
18. Force Majeure.
Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.