CK-12 Foundation

Terms of Use

Welcome to the high-level summary of the Terms of Use. This summary is for informational purposes only and is not a substitute for the full text of the Terms of Use, available below. We recognize that you come to our site to receive educational materials and not to be burdened with a long legal document. Unfortunately, our lawyers tell us that we really should have a long legal document that spells out all of the rules for using the CK-12 Platform and accessing all of the educational materials we provide for free. So to use the CK-12 Platform you do have to agree to our Terms of Use. Our goal is to minimize legal and compliance costs, so we can continue to provide you free content and services. But we’ve created this overview in the hope that it will make your reviewing the Terms of Use a bit easier to digest once you know what is in there. This summary, however, does not supersede the legally binding provisions of our Terms of Use.

  1. The CK-12 Platform. CK-12 provides a platform for teachers and students to access educational content for free to aid in teaching and learning. By using the CK-12 platform, you are entering into a contract with CK-12 that governs your use of the platform and its contents. There may be other agreements (like our Curriculum Materials License) that you also need to comply with.
  2. Arbitration and Class Action Waiver. The Terms of Use include an arbitration provision and class action waiver. This means that, except for certain kinds of disputes described in the Terms of Use, all disputes arising out of your use of the CK-12 platform will be resolved by binding, individual arbitration, and you are waiving the right to a trial by a jury or to participate in any class action or representative proceeding. For more information, click here.
  3. Your Use of the CK-12 Platform. As long as you comply with the Terms of Use, you are granted a limited license to use the platform and its contents for educational purposes. However, you are not permitted to resell any portion of the platform or any content provided via the platform. If you give us ideas, suggestions, or feedback, we can use that information any way we want. For more information, click here. So please don’t steal our content and use it for other purposes, including but not limited to for-profit ventures. Any derivative works created from our content would be subject to our Terms of Use. When in doubt about whether a proposed use is permitted, please email us at [email protected].
  4. Other People’s Copyrights (Digital Millennium Copyright Act). We respect the rights of copyright owners and expect you to do the same. We comply with U.S. copyright laws, including sections of the Digital Millennium Copyright Act. If you believe that any content on our platform infringes your copyrights, please let us know by submitting a notice according to the instructions in our DMCA Notice. For more information, click here. If you are proposing a remedial measure short of complete removal or disabling of access to allegedly infringing content, then please identify that in your communication as it will help us to minimize costs (e.g., if you wish to receive attribution for a posted item of content).
  5. Our Liability Is Limited. Because we offer the platform and the educational materials for free we incur lots of expenses with no revenues. We therefore cap our total liability under the Terms of Use. We are not responsible for any non-direct damages. For more information, click here.
  6. We Can Change These Terms. The laws, our platform, and methods of education may evolve rapidly. We therefore reserve the right to change the platform and update the Terms of Use in the future. We will attempt to notify you if we make updates, and you will not be able to continue using the platform without agreeing to any updated version of the Terms of Use. For more information, click here.

Last Updated: February 16, 2021

Legally binding Terms of Use

Welcome, and thank you for your interest in the CK-12 Foundation (“CK-12,” “we,” or “us”) and our websites at ck12.org and ck12info.org, along with our related websites, networks, applications, mobile applications, content and other services provided by us (collectively, the “Platform”). These Terms of Use are a legally binding contract between you and CK-12 regarding your use of the Platform.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR BY OTHERWISE ACCESSING OR USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE PLATFORM, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING CK-12’S PRIVACY POLICY, CK-12’S DMCA NOTICE, AND THE CK-12 CURRICULUM MATERIALS LICENSE (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE PLATFORM. YOUR USE OF THE PLATFORM, AND CK-12’S PROVISION OF THE PLATFORM TO YOU, CONSTITUTES AN AGREEMENT BY CK-12 AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND CK-12 ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 16.)

  1. CK-12 Platform Overview. CK-12 was founded with the mission to enable everyone to learn in his or her own way. To that end, CK-12 has developed a variety of content and related services in order to assist teachers and parents with teaching their students and children, and for students to aid them in learning, and has made such content and services available via the Platform.
  2. Eligibility. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18-years old or have your parent or guardian’s consent to agree to these Terms; (b) you have not previously been suspended or removed from the Platform; and (c) your registration and your use of the Platform is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
  3. Accounts and Registration. To access some features of the Platform, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at [email protected].
  4. Licenses
    • 4.1 Platform License. Subject to your complete and ongoing compliance with these Terms, and subject to Section 6 below, CK-12 grants you, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform to obtain information and educational materials solely as follows:
        1. If you are a student, for your own education.
        2. If you are a parent or guardian, to educate your children or wards.
        3. If you are a teacher, non-profit educational institution (including schools) or school district, to educate your students.
        4. If you are an individual tutor, to provide tutoring services to students provided that (1) you are not employed by a third party to provide tutoring services on their behalf, and (2) you provide feedback to CK-12 regarding the Curriculum Materials and/or Platform to improve student outcomes at [email protected].
    • collectively, (“Educational Purposes”).
    • 4.2 Prohibited Use. You may not access or use the Platform or any CK-12 Curriculum Materials for any purposes other than for Educational Purposes. This includes, by way of example and not limitation: (a) for any commercial purposes (unless you are an individual tutor not employed by a third party for such tutoring purposes); (b) in order to build or train artificial intelligence or machine learning algorithms or models; (c) if you are an aggregator of content, to obtain educational materials to distribute through your own online or offline services; or (d) if you are a for-profit educational institution or multi-tutor tutoring business, as part of your educational offerings, whether such offerings are for free or for a fee. If you wish to use or Distribute the CK-12 Foundation Curriculum Materials for non-Educational Purposes, you must obtain the express written permission of the CK-12 Foundation. To request permission, please contact the CK-12 Foundation at [email protected].
    • 4.3 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law or as otherwise permitted herein, you may not: (a) reproduce or distribute the Platform; (b) publicly display or publicly perform the platform except as necessary in connection with Educational Purposes; (c) make modifications to the Platform; or (d) interfere with or circumvent any feature of the Platform, including any security or access control mechanism. If you are prohibited under applicable law from using the Platform, you may not use it.
    • 4.4 Licensed Photos. Certain photos, images or other Materials available on or through the Platform have been licensed by CK-12 from Shutterstock.com, Getty Images, or other commercial stock photo or image agencies (each a “Licensed Stock Photo”). You are allowed to retain a copy of a Licensed Stock Photo for your personal, non-commercial use, as specified in this Section 4. Notwithstanding anything to the contrary herein and subject to Section 4.1 of these Terms, you may not: (a) modify, alter, adapt or otherwise create any derivative work of a Licensed Stock Photo, and (b) you may not distribute, transmit, or disseminate a Licensed Stock Photo, or any copy or derivative work thereof, to any third party. Further, you may not sublicense, assign, or make available for resale any printed copy of a Licensed Stock Photo provided by Shutterstock.com or any Materials, CK-12 Curriculum Materials, or User Content containing a Licensed Stock Photo provided by Shutterstock.com.
    • 4.5 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Platform (“Feedback”), then you hereby grant CK-12 an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner or medium, whether now known or hereafter developed, and for any purpose, including to improve the Platform and create other products and services, in CK-12’s sole discretion. CK-12 is not obligated to provide you with any attribution for any Feedback.
  5. Ownership; Proprietary Rights. The Platform is owned and operated by CK-12. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Platform (“Materials”) provided by CK-12, as well as the names “CK-12” and “CK12” and associated logos and the terms FlexBook® and FlexBook® Platform, are protected by intellectual property and other laws. All Materials included in the Platform are the property of CK-12 or its third-party licensors. Except as expressly authorized by CK-12, you may not make use of the Materials. CK-12 reserves all rights to the Materials not granted expressly in these Terms.
  6. CK-12 Curriculum Materials. Notwithstanding the rights granted in Section 4.1, unless otherwise agreed by CK-12 in writing, your use of any CK-12 curriculum materials, course materials, textbooks, teaching guides, study guides, tests, practice materials, or other similar materials made available to you by CK-12 whether or not via the Platform (“CK-12 Curriculum Materials”), will be subject to the terms and conditions of the CK-12 Curriculum Materials License (“CK-12 Curriculum Materials License”) which is hereby incorporated by reference into these Terms.
  7. Third-Party Terms
    7.1 Third-Party Services and Linked Websites. CK-12 may provide tools through the Platform that enable you to export information, including User Content (defined below), to third-party services. By using one of these tools, you agree that CK-12 may transfer that information to the applicable third-party service. Third-party services are not under CK-12’s control, and, to the fullest extent permitted by law, CK-12 is not responsible for any third-party service’s use of your exported information. The Platform may also contain links to third-party websites. Linked websites are not under CK-12’s control, and CK-12 is not responsible for their content.

    • 7.2 Third-Party Software. The Platform may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Platform is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
  8. User Content
    • 8.1 User Content Generally. Certain features of the Platform may permit users to upload content to the Platform, including messages, reviews, photos, videos, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Platform. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Platform.
    • 8.2 Limited License Grant to CK-12. By providing User Content to or via the Platform, you grant CK-12 a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, publicly display and publicly perform (in each instance on a through to the user or viewer basis), reproduce, modify, distribute, or otherwise use and exploit your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
    • 8.3 Limited License Grant to Other Users. By providing User Content to or via the Platform to other users of the Platform, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Platform.
    • 8.4 User Content Representations and Warranties. CK-12 disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Platform. By providing User Content via the Platform, you affirm, represent, and warrant to us that:
        1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize CK-12 and users of the Platform to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by CK-12, the Platform, and these Terms;
        2. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) cause CK-12 to violate any law or regulation; or (iv) require CK-12 to obtain any other licenses, permissions, authorizations, or consents from or pay any royalties or other amounts to any third parties; and
        3. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
    • 8.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. CK-12 may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that, when using the Platform, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against CK-12 with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, CK-12 does not permit copyright-infringing activities on the Platform.
    • 8.6 Monitoring Content. CK-12 does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Platform by its users. You acknowledge and agree that CK-12 reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Platform for operational and other purposes. If at any time CK-12 chooses to monitor the content, CK-12 still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below).
  9. Communications. We may send you emails concerning our products and services. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
  10. Prohibited Conduct. BY USING THE PLATFORM, YOU AGREE NOT TO:
    1. use the Platform for any illegal purpose or in violation of any local, state, national, or international law;
    2. harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Platform;
    3. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
    4. interfere with security-related features of the Platform, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Platform except to the extent that the activity is expressly permitted by applicable law;
    5. interfere with the operation of the Platform or any user’s enjoyment of the Platform, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Platform; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Platform;
    6. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Platform account without permission, or falsifying your age or date of birth;
    7. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 5) or any right or ability to view, access, or use any Materials;
    8. access or use the Platform or any portion thereof via automated or partially automated means (including via scraping or robots) in order to collect information (including CK-12 Curriculum Materials) from or relating to the Platform, CK-12 or any other website owned or operated by CK-12;
    9. access or use the Platform or any portion thereof or in order to build or train artificial intelligence or machine learning models or algorithms;
    10. access the Platform if your right to access the Platform has previously been terminated; or
    11. attempt to do any of the acts described in this Section 10 or assist or permit any person in engaging in any of the acts described in this Section 10.
  11. Copyright and Intellectual Property Protection. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). Please review our DMCA Notice (the “DMCA Notice”). The DMCA Notice is incorporated by this reference into, and made a part of, these Terms.
  12. Term, Termination, and Modification of the Platform
    • 12.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Platform, and ending when terminated as described in Section 12.2.
    • 12.2 Termination. If you violate any provision of these Terms, your authorization to access the Platform and these Terms automatically terminates. In addition, CK-12 may, at its sole discretion, terminate these Terms or your account on the Platform, or suspend or terminate your access to the Platform, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at [email protected].
    • 12.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Platform; (b) you will no longer be authorized to access your account or the Platform; (c) you must pay CK-12 any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 4.2, 4.3, 4.4, 5, 8.2, 8.3, 12.3, 13, 14, 15, 16 and 17 will survive.
    • 12.4 Modification of the Platform. CK-12 reserves the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, without notice to you. CK-12 will have no liability for any change to the Platform or any suspension or termination of your access to or use of the Platform.
  13. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Platform, and you will defend and indemnify CK-12, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “CK-12 Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Platform; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
  14. Disclaimers; No Warranties
    • 14.1 THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. CK-12 DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. CK-12 DOES NOT WARRANT THAT THE PLATFORM OR ANY PORTION OF THE PLATFORM, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PLATFORM, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND CK-12 DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
    • 14.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM OR CK-12 ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING ANY OF THE CK-12 ENTITIES OR THE PLATFORM THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE PLATFORM AND YOUR DEALING WITH ANY OTHER PLATFORM USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE PLATFORM AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
    • 14.3 THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION 14 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. CK-12 does not disclaim any warranty or other right that CK-12 is prohibited from disclaiming under applicable law.
  15. Limitation of Liability
    • 15.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CK-12 ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY MATERIALS OR CONTENT ON THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY CK-12 ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
    • 15.2 EXCEPT AS PROVIDED IN SECTION 16.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE CK-12 ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PLATFORM OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO CK-12 FOR ACCESS TO AND USE OF THE PLATFORM IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM AND (b) US$100.
    • 15.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  16. Dispute Resolution and Arbitration
    • 16.1 Generally. In the interest of resolving disputes between you and CK-12 in the most expedient and cost effective manner, and except as described in Section 16.2 and 16.4, you and CK-12 agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CK-12 ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    • 16.2 Exceptions. Despite the provisions of Section 16.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
    • 16.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 16 within 30 days after the date that you agree to these Terms by sending a letter to CK-12 Foundation, Attention: Legal Department – Arbitration Opt-Out, 4300 Bohannon Dr., Suite 200, Menlo Park, CA 94025 that specifies: your full legal name, the email address associated with your account on the Platform, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once CK-12 receives your Opt-Out Notice, this Section 16 will be void and any action arising out of these Terms will be resolved as set forth in Section 17.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
    • 16.4 Arbitrator. Any arbitration between you and CK-12 will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting CK-12. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
    • 16.5 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). CK-12’s address for Notice is: CK-12 Foundation, Attention: Legal Department, 4300 Bohannon Dr., Suite 200, Menlo Park, CA 94025. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or CK-12 may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or CK-12 must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by CK-12 in settlement of the dispute prior to the award, CK-12 will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000.
    • 16.6 Fees. If you commence arbitration in accordance with these Terms, CK-12 will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Santa Clara County, California, but if the claim is for US$10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse CK-12 for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
    • 16.7 No Class Actions. YOU AND CK-12 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CK-12 agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
    • 16.8 Modifications to this Arbitration Provision. If CK-12 makes any future change to this arbitration provision, other than a change to CK-12’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to CK-12’s address for Notice of Arbitration, in which case your account with CK-12 will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
    • 16.9 Enforceability. If Section 16.7 or the entirety of this Section 16 is found to be unenforceable, or if CK-12 receives an Opt-Out Notice from you, then the entirety of this Section 16 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 17.2 will govern any action arising out of or related to these Terms.
  17. Miscellaneous
    • 17.1 General Terms. These Terms, together with the Privacy Policy, the DMCA Notice, the CK-12 Curriculum Materials License, and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and CK-12 regarding your use of the Platform. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
    • 17.2 Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Platform. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in these Terms, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
    • 17.3 Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and CK-12 submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Platform from our offices in California, and we make no representation that Materials included in the Platform are appropriate or available for use in other locations.
    • 17.4 Privacy Policy. Please read the CK-12 Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The CK-12 Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
    • 17.5 Additional Terms. Your use of the Platform is subject to all additional terms, policies, rules, or guidelines applicable to the Platform or certain features of the Platform that we may post on or link to from the Platform (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
    • 17.6 Consent to Electronic Communications. By using the Platform, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
    • 17.7 Contact Information. The Platform is offered by CK-12 Foundation, located at 4300 Bohannon Dr., Suite 200, Menlo Park, CA 94025. You may contact us by sending correspondence to that address or by emailing us at [email protected].
    • 17.8 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Platforms of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform.
    • 17.9 No Support. We are under no obligation to provide support for the Platform. In instances where we may offer support, the support will be subject to published policies.
    • 17.10 International Use. The Platform is intended for visitors located within the United States. We make no representation that the Platform is appropriate or available for use outside of the United States. Access to the Platform from countries or territories or by individuals where such access is illegal is prohibited.
  18. Notice Regarding Apple. This Section 18 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and CK-12 only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.