Please read this carefully. By using this website, you
agree to be bound by the following terms of service.
General
The website is for users over 18 years of age. If you are
under 18, you must leave now.
Content Guidelines
User agrees not to post, upload or transmit to the servers
of K12Tracker any communications, text, graphics or other
information (collectively, "Material") that:
- Is fraudulent, relates to hate-groups or other racist
activities
- Defames, abuses, harasses or threatens others
- Contains any viruses, trojan horses, worms, time bombs,
cancelbots, or other disabling devices or other harmful
component intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or
personal information
- Advocates or encourages any illegal activity
- Spams or "mass" e-mails any user, visitor or member
- Infringes upon the copyright, patent, trademark, trade
secret, publicity right or other intellectual property or
proprietary right of any third party
- Violates the privacy of individuals, including other
users of the Site
- Violates any applicable local, state, national, or
international law.
User shall comply with all laws and regulations applicable
to User's use of the K12Tracker website. K12Tracker, at its
sole discretion, shall determine the User's compliance with
the foregoing guidelines and reserves the right to delete
(and/or demand the deletion of) without prior notice any
material that it deems to be non-complying or otherwise
objectionable for any reason, and/or to discontinue services
to the User (without adjustment to price) until adequate
assurances are provided that the non-complying activities will
cease.
Disclaimer and Limitation of Liability
THE K12TRACKER SERVICES, INFORMATION, CONTENT, AUDIO
TRANSMISSIONS OR OTHER DATA OF ANY KIND OR NATURE MADE
AVAILABLE AT THE SITE (COLLECTIVELY, "Information") ARE
PROVIDED "AS IS", AND ALL REPRESENTATIONS AND WARRANTIES,
EITHER EXPRESS OR IMPLIED ARE DISCLAIMED, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
K12TRACKER MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO
THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF
THE SITE OR THE INFORMATION OR THAT THE INFORMATION MAY BE
RELIED UPON FOR ANY REASON. K12TRACKER MAKES NO WARRANTY,
REPRESENTATION OR GUARANTY THAT USE OF THE SITE, THE SERVICES
OR THE INFORMATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE
OR ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED. WITHOUT
LIMITING THE FOREGOING PROVISIONS OF THIS SECTION, K12TRACKER
SHALL HAVE NO LIABILITY FOR:
- Any loss or injury caused, in whole or in part, by its
actions, omissions, or negligence, or for contingencies
beyond its control, in procuring, compiling, or delivering
the Information, the Site or the Services
- Any errors, omissions, or inaccuracies in the
Information regardless of how caused, or delays or
interruptions in delivery of the Information
- Any decision made or action taken or not taken in
reliance upon the Information furnished hereunder
- Any losses or damages whatsoever, whether in contract,
tort or otherwise, from the use of, or reliance on, the
Information, or from the use by User of the Internet
generally
- Any special or consequential damages that are directly
or indirectly related to the use of, or the inability to
use, the Services or the Site, even if K12Tracker has been
advised of the possibility of such damages; or
- Any lost profits or special, incidental or consequential
damages (no matter how they might arise, including from
K12Tracker's negligence) arising out of or in connection
with the Information, the Services, the Site or the Terms of
Use.
- Notwithstanding any provision of these Terms of Use to
the contrary, K12Tracker's total liability to User is
limited to $20.00. Some states do not allow the foregoing
limitations of liability, so they may not apply to User.
Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to
User.
Representations and Warranties
User represents and warrants that:
User has full right and power to enter into and perform
these Terms of Use, and have secured all third party consents
necessary to enter into these Terms of Use;
- All factual assertions that User has made and will make
to K12Tracker are true and complete;
- User (if a natural person) is of the age of majority,
has the right to enter into legally binding agreements, and
has the full and complete right to agree to these Terms of
Use;
- K12Tracker's use of User's marks, and any updates and
modifications of them, shall not violate or infringe any
intellectual property rights or any publicity or privacy
right;
- K12Tracker's reference or link or handling the User's
Material or any part of it from K12Tracker or any other part
of the service shall not breach any content standards
requirements or codes promulgated by any relevant authority
including all authorities to whom User and K12Tracker may be
subject and also including the Internet Industry
Indemnification
User shall indemnify hold harmless and defend K12Tracker
and the officers, directors, employees, partners, principals,
agents and representatives of K12Tracker from, against and in
respect of any and all demands, claims, actions, causes of
action, liabilities, losses and expenses, including reasonable
attorneys' fees arising out of or relating to any breach by
User of any covenant, representation or warranty made by User
in this Agreement, including without limitation, any claims
that User's programming violates the intellectual property
rights of any third parties.
Limitation of Liability
K12Tracker's total liability to User under this Agreement
(for any and all actual or threatened claims under any theory)
is strictly limited to the amount of payments and fees
actually issued to K12Tracker by User under this Agreement for
the term in which the subject of the claim or demand applies.
Termination
K12Tracker, in its sole discretion, shall determine User's
compliance with the foregoing Agreement. K12Tracker reserves
the right terminate this Agreement with or without reason or
prior notice (except as otherwise specifically provided for
herein) and to take whatever action it deems necessary to
limit potential liability upon itself and to cooperate with
any pending legal investigation. Without limiting the
foregoing, K12Tracker may terminate User's use of the Services
or access to the Site immediately and without notice if: (a)
User breaches these Terms of Use; (b) User infringes the
intellectual property rights of a third party in connection
with the Services; (c) K12Tracker is unable to verify or
authenticate any information User provides to it, or (d) any
material uploaded or transmitted by User to the Site violates
any applicable laws or rights of any third party.
Governing Law and Jurisdiction
The Terms of Use shall be governed by and construed in
accordance with the applicable laws of the USA, including U.S.
intellectual property laws, and the laws of the State of Iowa,
without regard to conflict of laws principles. User and
K12Tracker agree that any and all disputes arising out of or
related to these Terms of Use shall be resolved solely through
binding arbitration pursuant to the provisions of this
paragraph and the then-current rules of the American
Arbitration Association (to the extent not inconsistent with
this paragraph). Any arbitration arising out of or related to
these Terms of Use shall be held in Cedar Rapids, Iowa, before
one independent arbitrator agreed upon by both parties. Any
arbitration will be final and binding, and the arbitrator's
order will be entered and enforceable in any court of
competent jurisdiction. The arbitrator will be chosen within
thirty (30) days of the submission of any issue to
arbitration, the discovery (if any) will be completed within
sixty (60) days thereafter, the hearing will occur within
thirty (30) days thereafter and the arbitrator must render his
or her decision, in writing, within thirty (30) days after the
end of such hearing. To the extent litigation is appropriate
or necessary in addition to the binding arbitration procedure
outlined above, the User and K12Tracker consent to the
exclusive jurisdiction of the federal and state courts of the
State of Iowa for any and all such proceedings.
Changes to the Services
K12Tracker reserves the right to change, suspend or
discontinue any aspect of the K12Tracker Services or the Site
at any time. K12Tracker will attempt to provide reasonable
notice of such changes to the Services. K12Tracker may also
impose limits on features or restrict access to parts of its
site. K12Tracker may amend these Terms of Use at any time by
posting amended Terms of Use on its web page. The amended
Terms of Use shall be effective immediately upon posting.
K12Tracker therefore encourages User to review these Terms of
Use frequently.
No Equitable Relief
In no event shall User be entitled to injunctive or other
equitable relief based on any act or omission of K12Tracker,
or any breach of this Agreement by K12Tracker.
Entire Agreement
This Agreement constitutes the entire understanding of the
parties with respect to the subject matter hereof. There are
no understandings, agreements, conditions or representations,
oral or written, express or implied, with reference to the
subject matter hereof, that are not merged herein, expressly
referenced herein, or superseded hereby.
Severability
The provisions of this Agreement are independent of each
other and the invalidity of any provision or a portion thereof
shall not affect the validity or enforceability of any other
provision. In the event that any particular provision is found
to be invalid or unenforceable, such provision shall be deemed
to have been replaced with a valid and enforceable provision
that approximates as closely as possible the intent of the
parties as reflected in the original provision. If a court of
competent jurisdiction finds any provision of this Agreement
to be unenforceable, that provision shall be enforced to the
maximum extent permissible so as to effect the intent of the
Parties, and the remainder of the Agreement shall continue in
full force and effect.
No Waiver
Any delay or failure on the part of K12Tracker to enforce
any of its rights hereunder shall not be construed as a waiver
of K12Tracker's right to strictly enforce this Agreement at
any subsequent time.
Survival and Assignment
The provisions containing the User's representations,
warranties and payment and/or indemnification obligations
shall survive any termination of this Agreement. User may not
assign this Agreement without K12Tracker's prior written
approval.
Contact Information
K12Tracker abides by the laws and guidelines of the
Internet. We welcome any inquiries as to the use of collected
information and cookies, site methodology, or company methods
and practices. If you have any questions, comments or
corrections regarding personally identifiable information
obtained through us, please e-mail to support@k12tracker.com,
or you can write:
K12Tracker
1045 Sherman Rd
Hiawatha, IA 52233
USA
