Core Knowledge Foundation Digital Content Terms of Service



The services and/or products provided to you by Core Knowledge Foundation (hereinafter referred to as “we,” “us,” “our” or the “Company”) its subsidiaries, agents and affiliates, in conjunction with our Digital Content Offerings (hereinafter referred to as “Digital Content”) are subject to the following Terms of Service. The Company reserves the right to update these Terms of Service at any time, with or without prior notice to you. You understand and agree that if you access and make use of our Digital Content the Terms of Service then existing will govern your access and use. Similarly, any future release, update, or other addition to our Digital Content shall be subject to the Terms of Service then existing.

Access to Digital Content

In conjunction with the educational books and materials we produce for our Core Knowledge schools and other licensees, the Company is expanding our offerings to include Digital Content as well. This Digital Content is being offered to our Core Knowledge schools and other licensees (each of whom individually is a “Licensee” and collectively are “Licensees”) and their qualified students, faculty and staff (hereinafter each individually referred as “User,” “you” or “your”) as part of the overall licensed content made available to our Licensees. The Digital Content is made available to you exclusively through a dedicated web portal (“Web Portal”) established for the Licensee of which you are a member and is accessed by you with an authorized user name and password established by the Licensee for your use.

The Company hereby grants you permission to access, download and use our Digital Content as set forth in these Terms of Service. In order to access our Digital Content, the Company requires you to be an active student, faculty or staff member of a Licensee. The Company requires each Licensee to maintain full identification information about each of its members who are authorized Users with access to the Digital Content. The Company further reserves the right to request such identification information at any time to verify access authority by any Users.

You are responsible for maintaining the confidentiality of your passwords, usernames and e-mail addresses required for access to the Digital Content. You may not authorize anyone else to use your password, username or email address to access Digital Content. You are entirely responsible for any and all activities that occur using your access credentials. The Company is not liable for any loss that you may incur as a result of someone else's misuse of your access credentials either with or without your knowledge. Furthermore, you may be liable for losses incurred by the Company, its affiliates, representatives, agents or assigns due to someone else using your password, username or e-mail address. You agree to immediately notify the Company of any known or suspected unauthorized use of your access credentials or any other breach of security or these Terms of Service as they pertain to access to Digital Content. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

The Company reserves the right, at its sole discretion, to terminate, suspend or otherwise limit your access to Digital Content, for any or no reason at all, without your consent, prior notice or explanation and without liability.

Licensed Use of Digital Content

Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access our Digital Content solely for your own personal, informational, educational, noncommercial use for one year from the date of the annual license payment by the Licensee through which you have access. Your license is secondary to the primary Licensee continuing to maintain its license with the Company for our educational content. Your license, like that primary license, may be renewed annually subject to your Licensee’s annual renewal of the primary license and will be subject to your remaining an active and authorized member of your Licensee.

The Company reserves the right, at any time, to modify, suspend, or discontinue the Digital Content (in whole or in part) with or without notice to you. You agree that the Company will not be liable to you or to any third party for any modification or discontinuation of the Digital Content or any part thereof. Similarly, the Company undertakes no obligation to provide you with any support or maintenance in connection with your access to the Digital Content. The Company cannot and does not guarantee access to the Digital Content at all times. Service disruptions may occur without the Company bearing any liability therefor.

This license creates no employment or other agency relationship between you and the Company, nor does it constitute any joint venture or partnership or give rise to any fiduciary duties owed by the Company to you.

Intellectual Property Rights

The Digital Content, including without limitation, all associated text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein, are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as otherwise provided for herein, the Digital Content is provided to you AS IS for your information and personal, educational, non-commercial use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes. The Company reserves all rights not expressly granted in and to the Digital Content through this license. You agree to not engage in the use, copying, republication or distribution of any of the Digital Content other than expressly permitted herein. If you download or print a copy of the Digital Content for your personal use, you must retain all copyright and other proprietary notices contained therein and you may not alter the Digital Content in any way. You agree not to circumvent, disable or otherwise interfere with security related features of the Web Portal or allowing access to the Digital Content or features that prevent or restrict use or copying of any Digital Content or enforce limitations on use of the Digital Content therein.

The rights granted to you in these Terms are subject to the following restrictions:

Third Party Content

The Digital Content may contain links to third party websites and content that are not owned or controlled by the Company. The Company has no control over, assumes no responsibility for, and will not and cannot censor or edit the content of any third-party site. The Company does not review, approve, monitor or make any representations or warranties regarding the privacy policies or practices of any third party websites. You use all third-party links and content at your own risk and should apply a suitable level of caution and discretion in doing so. You expressly waive and release the Company from any and all claims, demands, causes of action and liability arising from your use of any third-party website or content. Accordingly, we encourage you to be aware when you access any third-party content and/or website and to read the terms and conditions and privacy policy associated therewith.

Communications

When you visit our website, access Digital Content through our Web Portal or send e-mails to us, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically unless you opt out of such electronic communications by notifying us of your request to so opt out. We will communicate with you by e-mail or by posting notices on our website or through our Web Portal. For contractual purposes, by using our Web Portal to access our Digital Content, you (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.

Privacy Policy

We may receive and store any information you enter in our Web Portal or give us in any other way when you access the Digital Content. That may include your first and last name, username, password, email address and/or location information among others, which we use to verify access authority per user. We also may use software tools to analyze usage data such as page views, response times, download errors, length of visits and page interactions when you engage with our website in order to better improve our website. You can choose not to provide certain information and/or configure your device to not provide all information, but then you might not be able to take advantage of some of our features. We use the information that you provide and that we collect for such purposes as responding to your requests, customizing our website, Web Portal and Digital Content offerings in the future, improving our services and products, and communicating with you. We may receive and store certain types of information whenever you interact with us. For example, we use “cookies,” and we obtain certain types of information when your web browser accesses our Web Portal and Digital Content. When you download Digital Content, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. We do not share, sell or disclose to others any information about you that we may receive or collect. Our Digital Content may contain links to third-party websites and content. As noted herein, we do not monitor, review or offer any representations or assurances regarding the privacy practices of those third parties. It is solely your duty to familiarize yourself with those privacy policies if the use of those third-party website or links is of concern to you.

Disclaimers

The Digital Content is provided on an “AS IS” and “AS AVAILABLE” basis. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT. We make no warranty that our Web Portal, Digital Content or services will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. Some Digital Content, such as interactive or highly formatted content, may not be available or accessible to you as intended depending upon the electronic device you use to access the Digital Content.

Limitation on Liability

You hereby irrevocably agree to waive and release the Company from any and all claims, demands or causes of action of any nature arising or resulting from your access and use of our Web Portal and Digital Content. To the maximum extent permitted by law, in no event shall the Company be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to your access and use of, or inability to access and use, our Web Portal and Digital Content, regardless of any notice to the Company of the same. Access to, and use of, the Web Portal and Digital Content is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. The foregoing notwithstanding, in no event and under no circumstances shall the Company bear any liability to any party that exceeds the costs paid by such party for that party’s access and use of our Web Portal and Digital Content.

Entire Terms

These Terms constitute the entire agreement between you and us regarding your use and access of our website and Digital Content. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Severability

If any part of these Terms of Service are found to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder shall continue in full force and effect.

Dispute Resolution

These Terms of Service are governed in all respects by the laws of the Commonwealth of Virginia, without regard to any conflicts of laws provisions that would dictate the law of another jurisdiction should be applied. Any and all disputes of any nature will be resolved only in a court of competent jurisdiction sitting in or over Charlottesville, Virginia, and will be resolved by a judge sitting without a jury, to which forum, venue and procedure you irrevocably consent. In any such action in which the Company is a prevailing party, the Company shall be entitled to full recovery of its costs and attorneys’ fees incurred.