Website Terms of Use

Last Updated: September 3, 2015

Acceptance of Terms

By using the website of Freedom Learning (the “website”), and the text, graphics, icons, and other content within the websites, you (hereinafter referred to as “the User” or “Users”) agree not to appropriate the websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If the User is a minor, he or she shall be the responsibility of his or her parent/guardian, who shall ensure that the User adheres to the provisions herein.

Freedom Learning reserves the right to change these Terms of Use at any time. The most current version is always available by clicking on the “Terms of Use” link located at the bottom of the website’s homepage. Any changes to these Terms of Use will become effective as soon as they are posted to the website.

By using the website, the User agrees to these Terms of Use, which are in effect at the time of use. If you, the User do not agree to these Terms of Use, please do not use the website.

Permitted Use

The website is to be used only for the purpose of enrolling in or obtaining more information about Freedom Learning. Freedom Learning grants the User a non-exclusive, non-transferable, limited license to access, display and print the Web pages within the website solely for personal, non-commercial purposes. This permission is conditioned on the User following all copyright, trademark and other proprietary notices, and accepting any terms, conditions and notices accompanying the website.

The User may not remove, obscure, or alter the website, in whole or in part, in any way. The User may not modify, publish, transfer, distribute, sub-license, rent, reproduce, create derivative works from, copy, duplicate, display or in any way exploit the website, in whole or in part, or any content contained therein, without prior written consent from Freedom Learning and/or Elevate Academy. However, the User is free to encourage others to access the website and is free to tell others how to access the website.

The User may not use the website in any manner that could damage, disable, overburden, or impair any Freedom Learning, Elevate Academy or ColoradoEd server or the network(s) connected to any Freedom Learning server. The User may not use the website in any manner that interferes with another party’s use and/or enjoyment of the website. The User may not attempt to gain unauthorized access to accounts, computer systems or networks connected to any Freedom Learning server through hacking, password mining or any other means. The User may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

Proprietary Rights

The User acknowledges and agrees that the information available on this website may be protected by various copyrights, trademarks, service marks, patents, trade secrets or other intellectual property rights and laws and may only be used as permitted by law and with the permission of the owner. Freedom Learning reserves the right to terminate the User’s access to this website in appropriate circumstances if the User infringes upon the intellectual property rights of either Freedom Learning or any third party.

Copyrights

The Website’s contents are owned or controlled by Foundation Learning, or the third party credited as the provider of the content and its contents may not be copied, reproduced, distributed or modified in any way without the express written consent of Freedom Learning. All Users are fully responsible for their own use of the website and for ensuring such use does not infringe on the rights of Freedom Learning or third parties.

Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), Freedom Learning’s designated agent for notice of alleged copyright infringement in connection with the website is: legal@freedomlearning.org. To file a notice of infringement with Freedom Learning, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office WEBSITE, http://www.copyright.gov/.

Trademarks

The website contains trademarks and service marks of Freedom Learning and of third parties. Foundation Learning owns a number of registered and common law trademarks. Any use of Foundation Learning marks must have written approval from the company in advance of use. Freedom Learning does not endorse or approve the use of any third party marks on its website.

For questions related to the use of Freedom Learning marks, or to obtain information on the third party owner of a trademark used on the websites, contact legal@freedomlearning.org.

Privacy and Protection for Children

The website is not structured or intended to attract children under the age of 13, except under the guidance and supervision of an adult. A parent or guardian must provide consent in order for any child under the age of 13 to provide personal information to the website and for Freedom Learning to use that information.

For more information on the collection and use of personal information, click on the “Privacy Policy” link located at the bottom of the home page of the website.

Links

The website may contain links to other websites or other resources that are provided for the User’s convenience. These linked sites are not under the control of Freedom Learning, and Freedom Learning is not responsible for the content available on third party linked sites. Freedom Learning makes no representations, warranties, or other commitments whatsoever about any third-party websites or third-party resources that may be referenced, accessible from, or linked to from the website. A link to a non-Freedom Learning website does not mean that Freedom Learning endorses the content or use of such website or its owner. In addition, Freedom Learning is not a party to or responsible for any transactions the User may enter into with third parties, even if the User learns of such parties (or uses a link to such parties) from the website. Accordingly, the User acknowledges and agrees that Freedom Learning is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

Linking to the website is permitted as long as you clearly state that the link will take the user to a site owned by Freedom Learning; you do not charge a fee for the pages containing the link; and you do not link in a way that causes the website to open within a frame or in a manner which makes the content from the link appear as if it were part of your site.

Freedom Learning reserves the right to determine when any links to the website is inappropriate, defamatory or violate our intellectual property rights, and reserves the right to require you to discontinue links to the websites. Upon receipt of such request, you must immediately remove the specified links from the websites.

Warranty and Other Disclaimers

Freedom Learning is committed to ensuring the accuracy of all information included on the websites, subject to the following limitations:

Information on the websites is not promised or guaranteed to be correct, current, or complete, and may contain inaccuracies or typographical errors. Freedom Learning assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, the User should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in the website.

Freedom Learning does not warrant that the functional aspects of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or other harmful components. Freedom Learning is not responsible for any damages or injury caused by any error, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

The User acknowledges that Freedom Learning is not liable for any defamatory, offensive, infringing or illegal materials or conduct, or such materials or conduct of third parties contained on the website, and Freedom Learning reserves the right to correct any errors or omissions and remove any materials from the websites without liability.

Disclaimer of Warranty

USE OF THE WEBSITE IS AT THE USER’S OWN RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. FREEDOM LEARNING EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, FREEDOM LEARNING MAKES NO WARRANTY OR GUARANTEE THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. THE USER UNDERSTANDS AND AGREES THAT IF HE OR SHE DOWNLOADS OR OTHERWISE OBTAINS MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, HE OR SHE DOES SO AT HIS OR HER OWN DISCRETION AND RISK AND THAT HE OR SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO THE USER’S COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE USER.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL FREEDOM LEARNING BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF FREEDOM LEARNING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, FREEDOM LEARNING’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Release

THE USER HEREBY RELEASES AND FOREVER DISCHARGES FREEDOM LEARNING, ITS AFFILIATES, EMPLOYEES, CONTRACTORS, OFFICERS AND DIRECTORS, AGENTS, SUCCESSORS, AND ASSIGNS (“RELEASED PARTIES”), FROM ALL ACTIONS, CAUSES OF ACTION, INJURIES, CLAIMS, DAMAGES, COSTS OR EXPENSES OF ANY KIND GROWING OUT OF OR RELATED TO THE USER OR USER’S MINOR’S USE OF THE WEBSITE. YOU UNDERSTAND THAT THIS IS A FULL AND COMPLETE RELEASE TO THE MAXIMUM EXTENT ALLOWED BY LAW OF ALL CLAIMS AND DAMAGES WHICH YOU OR YOUR MINOR(S) MAY HAVE AS A RESULT OF HIS OR HER USE OF THE WEBSITE REGARDLESS OF THE SPECIFIC CAUSE THEREOF.

Indemnification

Upon a request by Freedom Learning, the User agrees to defend, indemnify and hold harmless Freedom Learning and its affiliates, employees, contractors, officers and directors from all liabilities, claims and expenses, including attorney’s fees, which arise from User’s use or misuse of the website. Freedom Learning reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event the User will cooperate with Freedom Learning in asserting any available defenses.

Governing Law, Choice of Law and Forum

The use of the websites shall be governed by and construed in accordance with the laws of the State of Colorado, excluding its conflicts of law rules. The User expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to User’s use of the website or the services provided shall be the State or Federal courts located in the State of Colorado, and the User further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability and Integration

Except for other agreements signed by the User with Freedom Learning, these Terms of Use constitute the entire agreement between the User and Freedom Learning with respect to use of the website. 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 of Use

If the User violates these Terms of Use, he or she may be barred from using the website in the future and/or may be subject to legal action.