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Conditions of Use
ImagineTheFutureK12 User
Agreement This agreement (hereinafter, the "Agreement")
between ImagineTheFutureK12. (hereinafter,
"ImagineTheFutureK12", "us" "we" or "our") and you sets
forth the terms and conditions which govern your use of any
of the ImagineTheFutureK12 website and/or the services
(hereinafter, the "Services") thereon which are provided by
ImagineTheFutureK12.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR
USING ANY OF OUR SERVICES. BY ACCESSING OR USING OUR
SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEB SITE
OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE.
IMAGINETHEFUTUREK12 MAY MODIFY THIS AGREEMENT AT ANY TIME,
AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED
AGREEMENT ON THE SITE OR VIA EMAIL. YOUR USE OF ANY OF THE
our website AND/OR SERVICES FOLLOWING SUCH NOTICE SHALL BE
DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW
THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE
SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE
MODIFIED AGREEMENT. IF WE REQUEST, YOU IRREVOCABLY AGREE TO
SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.
1. Limited License; Use of Services.
ImagineTheFutureK12 grants to you a limited personal,
non-exclusive and non-transferable right and license to
access our website and use the Services thereon. Unless
otherwise specified in writing, the Services are for your
personal and non-commercial use.
ImagineTheFutureK12 services shall contain, without
limitation, upon signing up for the Web-Centric Alternative
Certification Program, access to any and all materials,
software, and programs necessary to complete and obtain a
teaching certification in the State of Texas.
2. Prohibited Activities.
In connection with your use of the ImagineTheFutureK12 site
and/or the Services we offer, you acknowledge and agree that
you will not:
a. copy, reverse engineer, reverse assemble, otherwise
attempt to discover the source code, distribute, transmit,
display, perform, reproduce, publish, license, create
derivative works from, transfer or sell any information,
software, products or services obtained through the website
or the services;
b. access the our website or Services by any means other
than through the standard industry-accepted or
ImagineTheFutureK12-provided interfaces;
c. transmit any message, information, data, text, software
or image, or other content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, or otherwise objectionable which
may invade another’s right of privacy or publicity;
d. impersonate any person or entity, including without
limitation, a ImagineTheFutureK12 official, forum leader,
chat room monitor, guide or host, or falsely state or
otherwise misrepresent your affiliation with such a person
or entity;
e. post or transmit any material that contains a virus or
corrupted data;
f. delete any author attributions, legal notices or
proprietary designations or labels that you upload to any
communication feature;
g. use any of our communications features in a manner that
adversely affects the availability of its resources to other
users (e.g., excessive shouting, use of all caps, or
flooding continuous postings of repetitive text);
h. post or transmit any unsolicited advertising, promotional
materials, "junk mail", "spam," "chain letters," "pyramid
schemes" or any other form of solicitation or any non-resume
information such as opinions or notices, commercial or
otherwise;
i. violate any applicable local, state, national or
international law;
j. upload or transmit any material that infringes any
patent, trademark, trade secret, copyright or other
proprietary rights of any party;
k. delete or revise any material posted by any other person
or entity;
l. manipulate or otherwise display the our website and/or
the Services by using framing or similar navigational
technology;
m. register, subscribe, attempt to register, attempt to
subscribe, unsubscribe, or attempt to unsubscribe, any party
for any ImagineTheFutureK12 product or Service if you are
not expressly authorized by such party to do so; or
n. use the website and/or the Services we offer for any
purpose that is unlawful or prohibited by these terms and
conditions. You may not use the website or the Services in
any manner that could damage, disable, overburden or impair
ImagineTheFutureK12s servers or networks, or interfere with
any other users use and enjoyment of our website and/or the
Services. Furthermore, you may not attempt to gain
unauthorized access to any of our website, Services,
accounts, computer systems or networks connected to
ImagineTheFutureK12 through hacking, password mining or any
other means. You may not obtain or attempt to obtain any
materials or information through any means not intentionally
made available through the our website or the Services.
3. Billing and Renewal Transactions and Policies.
In the event you wish to subscribe to the
ImagineTheFutureK12 members site, you will be asked by
ImagineTheFutureK12 or an authorized third party to supply
certain information, including without limitation, your full
name, address, telephone number and credit card information.
You agree to provide ImagineTheFutureK12 or such third party
with the foregoing information as well as any other
mandatory information that is accurate, complete and
current, and to comply with the terms and conditions of any
agreement that you may enter into governing your purchase of
the product or Service. You shall be responsible for all
charges incurred through your account as well as for paying
any applicable taxes.
4. Message Boards and Chat Rooms.
ImagineTheFutureK12 hosts message boards, chats and other
public forums on our website. Any user failing to comply
with the terms and conditions of this Agreement may be
expelled from and refused continued access to, the message
boards, chats or other public forums in the future.
ImagineTheFutureK12 or its designated agents may remove or
alter any user-created content at any time for any reason.
Message boards, chats and other public forums are intended
to serve as discussion centers for users and subscribers.
Information and content posted within these public forums
may be provided by ImagineTheFutureK12 staff,
ImagineTheFutureK12s outside contributors, or by users not
connected with ImagineTheFutureK12, some of whom may employ
anonymous user names. ImagineTheFutureK12 expressly
disclaims all responsibility and endorsement and makes no
representation as to the validity of any opinion, advice,
information or statement made or displayed in these forums
by third parties, nor are we responsible for any errors or
omissions in such postings, or for hyperlinks embedded in
any messages. Under no circumstances will we, our
affiliates, suppliers or agents be liable for any loss or
damage caused by your reliance on information obtained
through these forums. The opinions expressed in these forums
are solely the opinions of the participants, and do not
reflect the opinions of ImagineTheFutureK12 or any of its
subsidiaries or affiliates.
5. Monitoring.
ImagineTheFutureK12 has no obligation whatsoever to monitor
any of the content or postings on the message boards, chat
rooms or other public forums on our website. However, you
acknowledge and agree that we have the absolute right to
monitor the same at our sole discretion. In addition, we
reserve the right to alter, edit, refuse to post or remove
any postings or content, in whole or in part, for any reason
and to disclose such materials and the circumstances
surrounding their transmission to any third party in order
to satisfy any applicable law, regulation, legal process or
governmental request and to protect ourselves, our clients,
sponsors, users and visitors.
Materials posted and/or uploaded to the various public
forums may be subject to size and usage limitations. You are
responsible for adhering to such limitations.
6. Third Party Content.
In general, the content contained on any of the our website
or Services is supplied by third parties and users.
Accordingly, ImagineTheFutureK12 is a distributor (and not a
publisher) of such content and has no more editorial control
over such content than does a public library, bookstore, or
newsstand. Any opinions, advice, statements, services,
offers, or other information or content expressed or made
available by third parties, including information providers,
are those of the respective authors or distributors, and not
ImagineTheFutureK12. Neither ImagineTheFutureK12 nor any
third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content. Furthermore,
ImagineTheFutureK12 neither endorses nor is responsible for
the accuracy and reliability of any opinion, advice, or
statement made on any of the our website or Services by
anyone other than an authorized ImagineTheFutureK12
representative while acting in his/her official capacity.
7. Contests and Games.
ImagineTheFutureK12 may sometimes provide contests and games
on our website. The rules, regulations and procedures
governing any of the foregoing shall be accessible through a
hypertext link prominently displayed on the web page where
the contest or game may be located. By entering or
participating in any of them, you agree to be subject to
those rules, regulations and procedures. Please remember to
read the rules carefully before participating.
8. Accounts, Passwords and Security.
If any of our website or Services require you to open an
account, you must complete the registration process by
providing ImagineTheFutureK12 with current, complete and
accurate information, as prompted by the applicable
registration form. You acknowledge that by providing any
information to ImagineTheFutureK12 which is untrue,
inaccurate, not current or incomplete, ImagineTheFutureK12
reserves the right to terminate this Agreement and your
continued access and use of the our website and/or the
Services.
As part of the registration process, you will be asked to
select a username and password. You are entirely responsible
for maintaining the security and confidentiality of your
account and password. FURTHERMORE, YOU ARE ENTIRELY
RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER
BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR
ACCOUNT. You agree to notify ImagineTheFutureK12 immediately
of any unauthorized use of your account or any other breach
of security. ImagineTheFutureK12 will not be liable for any
loss that you may incur as a result of someone else using
your password or account, either with or without your
knowledge. However, you may be held liable for any losses
incurred by ImagineTheFutureK12 or another party due to
someone else using your account or password.
9. Disclaimer Regarding Links.
The links on any of our websites and/or Services will let
you leave the particular Site or Service you are accessing
in order to access a linked site (the "Linked our website").
ImagineTheFutureK12 provides these links as a convenience,
but we neither control nor endorse these Linked our website,
nor has ImagineTheFutureK12 reviewed or approved the content
which appears on the Linked our website. ImagineTheFutureK12
is not responsible for the legality, accuracy or
inappropriate nature of any content, advertising, products
or other materials on or available from any Linked our
website. You acknowledge and agree that ImagineTheFutureK12
shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or
in connection with the use of any of the links, content,
goods or services available on or through the Linked our
website.
10. Dealings with Third Parties.
Your participation, correspondence or business dealings with
any third party found on or through our website and
Services, regarding payment and delivery of specific goods
and services, and any other terms, conditions,
representations or warranties associated with such dealings,
are solely between you and such third party. You agree that
ImagineTheFutureK12 shall not be responsible or liable for
any loss, damage, or other matters of any sort incurred as
the result of such dealings.
11. Copyright Policy.
The Digital Millennium Copyright Act of 1998 (the "DMCA")
provides recourse for copyright owners who believe that
material appearing on the Internet infringes their rights
under the U.S. copyright law. If you believe in good faith
that materials hosted by ImagineTheFutureK12 infringe your
copyright, you, or your agent may send to
ImagineTheFutureK12 a notice requesting that the material be
removed or access to it be blocked. Any notification by a
copyright owner or a person authorized to act on its behalf
that fails to comply with requirements of the DMCA shall not
be considered sufficient notice and shall not be deemed to
confer upon ImagineTheFutureK12 actual knowledge of facts or
circumstances from which infringing material or acts are
evident. If you believe in good faith that a notice of
copyright infringement has been wrongly filed against you,
the DMCA permits you to send to ImagineTheFutureK12 a
counter-notice. All notices and counter notices must meet
the then current statutory requirements imposed by the DMCA;
see http://www.loc.gov/copyright for details.
We suggest that you consult your legal advisor before filing
a notice or counter-notice. Also, be aware that there can be
penalties for false claims under the DMCA.
12. Privacy.
ImagineTheFutureK12 policy with respect to the collection
and use of your personally identifiable information is set
forth at http://www.online-private-home-schools.com/privacy.html.
By accepting these Terms of Service, you acknowledge this
policy.
13. Disclaimer of Warranties.
THE WEBSITE AND THE SERVICES, AND ANY CONTENT, TOOLS,
PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR
THROUGH OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS", "AS
AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING,
ImagineTheFutureK12 AND ITS AFFILIATES, SUPPLIERS, AND
AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR
USE OF OUR WEBSITE AND/OR SERVICES AND ACCESS TO AND USE OF
ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED,
ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED
THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT
DEFECTS WILL BE CORRECTED, or (iv) THAT ANY SOFTWARE,
SERVICES, OUR WEBSITE OR SERVER(S) ON WHICH THE SERVICES AND
OUR WEBSITE ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOUR USE OF OUR WEBSITE AND THE SERVICES AND ANY
INFORMATION OR MATERIALS PROVIDED ON OR THROUGH OUR WEBSITE
AND SERVICES ARE ENTIRELY AT YOUR OWN RISK.
14.Limitation of Liability.
NEITHER IMAGINETHEFUTUREK12 NOR ITS DIRECTORS, OFFICERS,
EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE
OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING
IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE OUR WEBSITE
OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON OUR WEBSITE
AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR
MADE PUBLICLY AVAILABLE ON OUR WEBSITE AND/OR THE SERVICES;
(iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH
OUR WEBSITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A
RESULT OF ANY INFORMATION AVAILABLE ON OUR WEBSITE OR THE
SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO,
DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR
ALTERATION OF ANY CONTENT ON OUR WEBSITE OR THE SERVICES, or
(vii) ANY OTHER MATTER RELATING TO OUR WEBSITE AND/OR THE
SERVICES. IN NO EVENT SHALL ImagineTheFutureK12S TOTAL
LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES OR
OUR WEBSITE.
15. Professional Advice Disclaimer.
IMAGINETHEFUTUREK12 WEBSITE DOES NOT PROVIDE MEDICAL OR
COUNSELING ADVICE. NOTHING STATED OR POSTED ON ANY WEBSITE
OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND
MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR
COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE
PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT
LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR
PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS,
PROGNOSIS OR ADVICE. OUR WEBSITE IS CONTINUALLY UNDER
DEVELOPMENT AND IMAGINETHEFUTUREK12 MAKES NO WARRANTY OF ANY
KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS
OR APPROPRIATENESS FOR ANY PURPOSE. PLEASE SEEK THE ADVICE
OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION
OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR CONTENT.
16. Indemnification.
You agree to indemnify, defend, and hold ImagineTheFutureK12
and its subsidiaries, affiliates, officers, directors,
agents, co-branders or other partners, employees, and
representatives harmless from and against any and all
claims, damages, losses, costs or expenses (including
reasonable attorneys fees and disbursements) which arise
directly or indirectly out of or from (i) your breach of
this Agreement, (ii) any allegation that any materials that
you submit to ImagineTheFutureK12 or post on any forums
(e.g., message boards, chat rooms) infringe or otherwise
violate the copyright, trade secret, trademark or other
intellectual property rights of a third party, and (iii)
your access or use of the our website and/or the Services.
This Section 17 shall survive in the event this Agreement is
terminated for any reason.
17. Jurisdictional Issues.
ImagineTheFutureK12 makes no representation or warranty that
the content and materials on our website and/or the Services
are appropriate or available for use in locations outside
the United States. Those who choose to access the our
website or use the Services from other locations do so on
their own initiative and at their own risk, and are
responsible for compliance with local laws, if and to the
extent applicable. ImagineTheFutureK12 reserves the right,
at any time in our sole discretion, to limit the
availability and accessibility of our website and/or the
Services to any person, geographic area, or jurisdiction we
so desire, and to limit the quantities of any such Service
or products that we provide.
18. Termination.
This Agreement shall remain effective until terminated in
accordance with its own terms and conditions. You agree that
ImagineTheFutureK12, in its sole discretion, may terminate
your password, account (in whole or in part), or use of our
website or Services, and remove and discard any content
within the our website, at any time and for any reason. You
agree that any actions taken under this Section 19 may be
effective without prior notice to you. In the event of
termination, however, those Sections in this Agreement which
provide for continuing obligations on your part shall
survive indefinitely.
19. General Information.
This Agreement constitutes the entire agreement and
understanding between you and ImagineTheFutureK12 and
governs your use of our website and the Services,
superseding any prior agreements between you and
ImagineTheFutureK12. This Agreement and the relationship
between you and ImagineTheFutureK12 shall be governed by and
construed in accordance with the laws of the State of Texas,
without regard to its conflict of law provisions. You and
ImagineTheFutureK12 irrevocably agree to submit to the
personal and exclusive jurisdiction of the federal and state
courts located within the county of Harris, in the State of
Texas, and waive any jurisdictional, venue, or inconvenient
forum objections to such courts. The failure of
ImagineTheFutureK12 to exercise or enforce any right or
provision of this Agreement shall not constitute a waiver of
such right or provision. If any provision of this Agreement
is found by a court of competent jurisdiction to be
unlawful, void or for any reason unenforceable, then that
provision shall be deemed severed here from and shall not
affect the validity and enforceability of any remaining
provisions. The section titles in this Agreement are for
convenience purposes only and have no legal or contractual
effect. This Agreement is not assignable, transferable or
sub-licensable by you except with our prior written consent.
However, we may assign this Agreement to any third party
whom we choose without your consent. No waiver by
ImagineTheFutureK12 of any breach or default hereunder shall
be deemed a waiver of any preceding or subsequent breach or
default.
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