Terms & Conditions
Thank you for using the mySchool platform and the Freedom Learning products, services and features we make available to you as part of the platform for the school or program in which the Responsible Party is enrolling the Student (collectively, the “Program”).
Use of the Program is subject to these terms and conditions which may be updated from time to time (together, this “Agreement”). We may change this Agreement, for example, (1) to reflect changes to our Program or how we do business – for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm. If you don’t agree to the new terms, you and your Student should stop using the Program. Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you or your Student may not use the Program.
“Responsible Party” is defined as the parent or legal guardian of the Student who is enrolling in the Program or, if the Student is age 18 or older, “Responsible Party” is defined as the Student who is enrolling at the Program.
Responsible Party understands and hereby agrees that enrollment in the Program requires both the Student and Responsible Party to always abide by this Agreement, all policies, handbooks, guidelines and rules. Responsible Party certifies the information provided on and in connection with the Student’s enrollment is true, accurate and complete. Responsible Party understands that any false statements or deliberate omissions on this enrollment application or any other document filed with Program may be grounds for disqualification or disenrollment.
Responsible Party hereby freely and voluntarily gives consent and approval for the Student to participate in all classes, programs, events and activities (individually an “Activity” or collectively the “Activities”) offered by the Program, regardless of facility or location. Responsible Party understands and agrees that regular attendance and engagement with the Program is required for all Students.
Responsible Party understands and agrees that Student must participate in Program on any mandatory login or student count date(s). Responsible Party understands and hereby agrees that communication with Program officials (eg. teachers, administrators, staff) will take place by telephone, email, text messaging and other forms of communication.
Responsible Party understands and hereby agrees that Program may withdraw the Student from the Program due to lack of attendance and/or engagement. Permission is hereby granted by Responsible Party for any such withdrawal and/or transfer of the Student by the Program to be deemed a “voluntary withdrawal” or “voluntary transfer.”
Responsible Party assumes all risk associated with the Student participating in the Program or any of the Actvities. Responsible Party acknowledges that Program has not purchased and will not provide any medical, health, or accident insurance to cover any such expenses and that any such insurance is the responsibility of the Responsible Party.
Responsible Party hereby consents for Responsible Party and Student to receive direct mail, telephone calls, emails, autodialed and/or pre-recorded telemarketing calls and/or text messages from or on behalf of Program and/or approved affiliates, vendors or partners of Program at the telephone number(s) and email address(es) provided as part of this enrollment application and/or provided at any other time by Responsible Party, Student or any related party acting on behalf of Responsible Party and/or Student. If a method of contact is unsubscribed or unenrolled from a messaging service, the Responsible Party hereby gives the Program permission to re-enroll the method of contact information back into the messaging service.
The Program agrees to permit each Student and/or the Responsible Party to use certain of the Program’s equipment, software, computer network resources, electronic mail, discussion threads, text messaging, the Internet and related instructional books and materials (“Instructional Property”), subject to the terms and conditions of this Agreement. The Program reserves the right to add, change, substitute, and/or delete individual items of Instructional Property from time to time. Legal title and ownership of the Instructional Property shall at all times remain with the Program. Any violations of this Agreement, the law, or Program policies may result in loss of the Student’s and/or Responsible Party’s privilege to use Instructional Property, as well as disciplinary or legal action.
Responsible Party hereby grants permission for Student to use the Instructional Property subject to the terms and conditions of this Agreement, including without limitation, the following: (i) Instructional Property must be used solely as directed or permitted by the Program for the education of the Student while enrolled at the Program, (ii) each software application provided shall be subject to, and used in accordance with, its license and/or use Agreement; (iii) Responsible Party is solely responsible for ensuring that the software settings, default configurations, and administrative privileges are maintained at the original specified settings, (iv) Responsible Party is solely responsible for keeping User IDs and passwords confidential and secure; (v) Program is not responsible for any unauthorized use of the Instructional Property; (vi) Responsible Party and Students recognize that the Instructional Property is owned by the Program and any files, communications, or other content on the Instructional Property, no matter who is the creator, may be reviewed by the Program at any time for any reason. Responsible Party and/or Student understand and hereby agree that Responsible Party and Student shall have no expectation of privacy or ownership over any content created or stored in or on the Instructional Property; and (vii) Responsible Party shall be solely liable for any loss or damage to the Instructional Property until it is received back by the Program and shall take all reasonable precautions to protect it.
Responsible Party agrees that Student will only use Instructional Property as permitted or directed by the Program, and in accordance with Program policies, rules, manufacturer’s instructions, and applicable law. The following activities, without limitation, are expressly prohibited: (i) Sending or displaying offensive or inappropriate messages or pictures, or using obscene language; (ii) giving personal information, such as complete name, phone number, address, passwords, or identifiable photo, without permission from teacher and from parent or guardian; (iii) harassing, bullying, insulting, or attacking others; (iv) damaging or modifying the Instructional Property; (v) violating copyright laws; (vi) using others’ passwords, trespassing in others’ folders, work or files, or otherwise “hacking” into unauthorized systems or profiles; (vii) intentionally wasting limited resources; or (viii) utilizing the Instructional Property for non-educational purposes, including without limitation commercial purposes, financial gain or fraud.
Responsible Party and Student’s permission to use, access, and possess the Instructional Property expire upon the termination of Student’s enrollment. Notwithstanding the foregoing, the Program reserves the right to terminate any permission granted herein to use or possess the Instructional Property immediately if Program determines a violation of this Agreement has occurred, in its discretion. Upon termination of the permission to use, access, or possess the Instructional Property, the Responsible Party shall return all of the Instructional Property as instructed within five (5) days of the termination date in the same condition as delivered. Responsible Party agrees to inform the Program of any loss or damage to the Instructional Property from any cause whatsoever within three (3) days of the loss or occurrence of damage.
Responsible Party hereby forever waives, releases, absolves, indemnifies and agrees to hold harmless, and covenants and agrees not to sue the school, the activity and/or Program, any supporting or sponsoring school district or authorizer, their respective employees, owners, officers, directors, agents, managers, vendors, contractors, assignees, volunteers, representatives and all affiliated companies and/or entities (“Indemnified Parties”) from and against any and all claims, causes of actions, demands, suits, proceedings, costs, expenses (including, without limitation, court costs and attorney fees), damages, obligations, judgments, orders, penalties, fines, injuries, liabilities, and losses of any nature whatsoever, in law or equity, arising directly or indirectly out of or in connection with any matter covered by this Agreement or arising from Student’s participation in the school or any Program, even if caused by the negligence of any of the Indemnified Parties. In no event shall any of the Indemnified Parties be liable for any actual, incidental, direct, indirect, special, or consequential damages in connection with or arising out of this Agreement, or the existence, furnishing, functioning, usage, or maintenance of any Instructional Property provided under this Agreement.
Responsible Party represents that he or she has the power to bind all of Student’s parents or legal guardians, all of whom shall be bound by these terms. Responsible Party cannot amend this Agreement. This Agreement shall constitute the entire Agreement between the parties and any prior understanding or representation of any kind shall not be binding on either party, except to the extent incorporated herein. The waiver of any right under this Agreement by either party shall not be construed as a waiver of the same right at a future time or a waiver of any other right under this Agreement.
Responsible Party agrees that Responsible Party has fully read this Agreement, understands its meaning and the legal impact thereof, and has had the opportunity to have Responsible Party’s attorney review this Agreement and explain it to Responsible Party prior to signing. Responsible Party voluntarily enters into this Agreement. Responsible Party further understands and agrees that the terms of this Agreement are legally binding, may not be modified orally, and are binding upon Responsible Party and the Student, and upon Responsible Party’s and Student’s successors, heirs, representatives, agents and assigns.
This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. No term or condition of this Agreement shall be construed, in any way, to modify or alter any immunities, including governmental immunity, to which a party is legally qualified to exercise. If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
To the extent allowable by law, prior to bringing any claim arising out of or relating to this Agreement, a Party must notify the other in writing, describing the claim, and meet at least one time with representatives of the other Party within 20 business days of the notice to discuss the matter. If this meeting does not render a mutually agreeable resolution, then the Parties agree to participate in confidential mediation within 30 business days of the meeting. Confidential mediation will occur in Denver, Colorado, unless another location is mutually agreeable. Each party will pay one half of the mediation costs and the mediator will be selected by the Program from the Judicial Arbiter Group in Denver, Colorado. If confidential mediation does not render a mutually agreeable resolution, then a Party may initiate arbitration. To the extent allowable by law, any claim arising out of or relating to this Agreement or the Student’s enrollment or interactions with the Program shall be settled by confidential arbitration administered by the Judicial Arbiters Group in Denver, Colorado in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. The number of arbitrators shall be one and shall be selected by the Program. The place of confidential arbitration shall be Denver, Colorado and Colorado law shall apply. Judgment by the arbitrator shall be final, and the judgment and award, if any, rendered by the arbitrator may be enforced and entered in any court having jurisdiction thereof. Each party agrees to pay for one half of the arbitrator’s fees. Each party shall be responsible for its own costs including, without limitation, any attorney, expert, or consultant fees. Responsible Party agrees that any claim or cause of action arising out of related to the Program must commence with one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Notice of Non-Discrimination: In accordance with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Title II of the Americans with Disabilities Act of 1990, the Boy Scouts of America Equal Access Act and applicable state law, the school does not discriminate on the basis of actual or perceived race, color, religion, national origin, sex, age, disability, gender identity or expression, or any other classification protected by law in any of its business activities, including its educational programs and activities which comply fully with the requirements of state and federal law and Title IX. The following person has been designated to handle inquiries regarding the Program’s non-discrimination policies: Principal, Online Program Title IX Coordinator, PO Box 260425, Denver CO 80226-0425, (720) 713-1936.
Notification of Rights under FERPA: The Family Educational Rights and Privacy Act (“FERPA”) affords parents and students who are 18 years of age or older (“eligible students”) certain rights with respect to the student’s education records. These rights are [i] The right to inspect and review the student’s education records within 45 days after the day the Program receives a written request for access. Parents or eligible students should submit to the Registrar a written request that identifies the records they wish to inspect. The Program official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected; [ii] The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. Parents or eligible students who wish to ask the Program to amend a record should write the Registrar, clearly identify the part of the record they want changed, and specify why it should be changed. If the program decides not to amend the record as requested by the parent or eligible student, the program will notify the parent or eligible student of the decision and of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing; [iii] The right to provide written consent before the Program discloses personally identifiable information (“PII”) from the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to program officials with legitimate educational interests. A program official is a person employed by the program as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel) or a person serving on the program or school board. A program official also may include a volunteer or contractor outside of the Program who performs an institutional service of function for which the Program would otherwise use its own employees and who is under the control of the Program with respect to the use and maintenance of PII from education records, such as an attorney, auditor, medical consultant, or therapist; a parent or student volunteering to serve on an official committee, such as a disciplinary or grievance committee; or a parent, student, or other volunteer assisting another Program official in performing his or her tasks. A program official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility; and [iv] The right to file a complaint with the U.S. Department of Education concerning alleged failures by a school to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington, DC 20202. FERPA permits the disclosure of PII from students’ education records, without consent of the parent or eligible student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations. The Program may disclose PII from the education records of a student without obtaining prior written consent of the parents or the eligible student [i] To other Program or school officials, including teachers, whom the Program has determined to have legitimate educational interests. This includes partners, contractors, vendors, consultants, volunteers, or other parties to whom the Program has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B) – (a)(1)(i)(B)(2) are met. (§99.31(a)(1)); [ii] To officials of another school, school system, or institution of postsecondary education where the student is, seeks, or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. &(§99.31(a)(2)); [iii] To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as the State educational agency in the parent or eligible student’s State (SEA). Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§99.31(a)(3) and 99.35); [iv] In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4)); [v] To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a State statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released, subject to §99.38. (§99.31(a)(5)); [vii] To organizations conducting studies for, or on behalf of, the Program, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§99.31(a)(6)); [vii] To accrediting organizations to carry out their accrediting functions. (§99.31(a)(7)); [viii] To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a)(8)); [ix] To comply with a judicial order or lawfully issued subpoena. (§99.31(a)(9)); [x] To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10). In addition, Directory Information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. In addition, federal law requires local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965, as amended (ESEA) to provide military recruiters, upon request, with the following information – names, addresses and telephone listings – unless parents have advised the LEA that they do not want their student’s information disclosed without their prior written consent. If you do not want the Program to disclose any or all of the types of information designated below as directory information from your child’s education records without your prior written consent, you must notify the Program in writing by September 1st of each year by sending a letter to your school at: Online Program, PO Box 260425, Denver CO 80226-0425. The Program has designated the following information as Directory Information: student’s name; Program and/or school name; dates of attendance; grade level; degrees, honors, and awards received; student ID number, user ID, or other unique personal identifier used to communicate in electronic systems but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or other factor known or possessed only by the authorized user.