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Terms of Service

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
 

 


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K12Tracker
1045 Sherman Rd
Hiawatha, IA 52233
319-378-3778