K12news Terms and Conditions of Use
ACCEPTANCE OF TERMS THROUGH USE
By using this site and or the Personalized Library software, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this site or the Personalized Library. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site or the Personalized Library software following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
MEMBERSHIP PERIOD FOR PERSONALIZED LIBRARY SOFTWARE
(1) One year billed monthly or quarterly beginning the day of submitting order, with renewal each 12-month period, unless membership is cancelled within 30 days before expiration date. All advertising and software sales are final.
(2) The Library of Education Statistics & Solutions and Quick Facts Concerning Education can be accessed from the Personalized Library software.
FREE ON-LINE MEMBERSHIP
Members can opt-in or opt-out at any time.
AUTHORIZED USERS
Only the person(s) indicated on the order form and users profile are permitted to use membership data. Member(s) understands that the Personalized Library is licensed during the membership period and agrees to uninstall the software and destroy all files within 30 days if membership is cancelled.
AGREEMENT TO RULE OF USER CONDUCT
You agree not to use this site for any unlawful purpose.
THIRD PARTY SITES
This site links you to other sites on the Internet, which may contain information or material that some people could find inappropriate. These other sites are not under the control of K12news, and you acknowledge that K12news is not responsible for the accuracy, copyright compliance, legality, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by K12news or any association with its operators.
PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on this site and the Personalized Library software are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by K12news, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site and on the Personalized Library software on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site and on the Personalized Library software to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from K12news is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site and on the Personalized Library software is strictly prohibited without the express written permission of K12news.
USER'S GRANT OF LIMITED LICENSE
By posting or submitting content to this site, you:
- grant K12news and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and
- warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by K12news will not infringe or violate the rights of any third party.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, contact K12news. Click here for instructions.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE AND THE PERSONALIZED LIBRARY SOFTWARE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. K12NEWS, DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND THE PERSONALIZED LIBRARY SOFTWARE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE AND THE PERSONALIZED LIBRARY SOFTWARE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL K12NEWS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE AND OR THE PERSONALIZED LIBRARY SOFTWARE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF K12NEWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, K12NEWS'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
Upon a request by K12news, you agree to defend, indemnify, and hold harmless K12news and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of this site. K12news reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with K12news in asserting any available defenses.
INTERNATIONAL USE
K12news makes no representation that materials on this site or the Personalized Library software are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site or the Personalized Library software from other locations do so on their own initiative and are responsible for compliance with local laws.
CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the laws of Los Angeles County, California, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site or the Personalized Library software shall be filed only in the state or federal courts located in Los Angeles County, California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and K12news with respect to this site and the Personalized Library software and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and K12news with respect to this site and the Personalized Library software. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
TERMINATION
K12news reserves the right, in its sole discretion, to terminate your access to all or part of this site and or the Personalized Library software with or without notice.
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