This website (this “Site”) is owned and operated by InfoSource, Inc. (“InfoSource”). By visiting this Site, you accept and agree to be bound by these terms of use (these “Terms of Use”), including any future changes that we may make to these Terms of Use, and to abide by all applicable laws, rules and regulations (“Applicable Law”). We encourage you to read these Terms of Use regularly. You should also note that your access to and use of certain InfoSource services may require you to accept additional terms of use applicable to such services.
REGISTERED MEMBERS
Portions of this Site are available only to registered members (“Members”) of this Site. Members are only allowed to register for this Site if they or their employer, school or another related party (collectively, “Employers”) have entered into an agreement with InfoSource or an InfoSource reseller relating to the use of this Site. In addition to any terms set forth herein, Members are also bound by any agreements that their Employers may have with InfoSource or any InfoSource reseller.
As a Member, you will maintain a confidential Member name and password (“Log-in Information”), which you will use each time you log on to this Site or a portal site from which you will access this Site. You agree that you will not share your Log-in Information with any other person or entity and that you will be responsible for all activity on this Site that originates from any member logged into this Site with your Log-in Information. InfoSource is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your Log-in Information and/or failure to comply with these Terms of Use.
As a Member, you are required to provide us with an Email address as a condition to the use of this Site. If You provide us with your Email address, you agree that we may contact you from time to time via Email in connection with your use of this Site or InfoSource’s products or services.
InfoSource may deny access to the password protected portions of this Site to any Member, individually or as part of a broader exclusion of a Member’s Employer, if the Member or the associated Employer fails to abide by these Terms of Use or the terms of any other agreement with InfoSource.
PAYMENT TERMS
In many instances, Employers will pay for the access rights of each Member to this Site. To the extent that your Employer does not pay for your access rights, you agree to pay for all services and products that you order from InfoSource \ SimpleK12.com.
For all billed Services, your membership will automatically renew annually on or about your expiration date each year at a discounted, full-year price, unless you cancel your Service prior to the beginning of the next applicable billing (and renewal) period. The primary credit or debit card you have stored in the credit card processing website that you select in your original purchase will be charged on or about your expiration date of each subsequent year as set forth above.
To cancel your yearly Service create a support ticket here: https://simplek12.com/support
OWNERSHIP OF INTELLECTUAL PROPERTY
Other than third party materials that InfoSource uses with permission or in accordance with Applicable Law, InfoSource owns all Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic content, and other copyrightable elements, and the selection and arrangements thereof, trademarks, service marks and trade names (collectively, the “Content”). The Content is protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. InfoSource grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any Content and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain all copyright and other notices contained in such Content. By registering to use this Site, you agree that you will not share your password with any other person, including co-workers, and you will not allow any other person to access the password-protected portions of this Site, even if you are instructed to do so by your Employer.
You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Content to any third party (including, without limitation, the display and distribution of the Content via your own or a third party website) without InfoSource’s express prior written consent. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify any software included in the Content. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable federal and state laws.
InfoSource neither warrants nor represents that your use of the Content will not infringe rights of third parties.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this Site are registered and unregistered marks of InfoSource or are otherwise used by InfoSource with permission. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without InfoSource’s express prior written permission. Your use of the Trademarks displayed on this Site, except as provided in these Terms of Use, is strictly prohibited. InfoSource will aggressively enforce its intellectual property rights to the fullest extent of the law.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL CONTENT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. While InfoSource uses reasonable efforts to include accurate and up to date information in this Site, InfoSource is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and Content contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any Content rests with you. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INFOSOURCE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, OWNERS, LICENSORS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT CONTAINED ON THIS SITE WHETHER THE CONTENT IS PROVIDED OR OTHERWISE SUPPLIED BY INFOSOURCE OR ANY THIRD PARTY.
Notwithstanding the foregoing, if a court of competent jurisdiction determines that InfoSource is liable to you for damages of any kind, in no event shall InfoSource’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the greater of One United States Dollar or the amount, if any, that you paid to InfoSource in order to access this Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
PRIVACY
Your use of this Site is also governed by our Privacy Policy, which is incorporated into these Terms of Use by this reference.
COPYRIGHT COMPLIANCE POLICY
To ensure compliance with the Digital Millennium Copyright Act (“DMCA”) InfoSource will take action on receipt of notice of alleged copyright infringement. If you are a copyright owner or representative of the owner and believe that a member has submitted or uploaded material that infringes upon your United States copyrights, you may submit notification in accordance with the DMCA by providing InfoSource with the following information in writing: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Site (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an Email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under the penalty of perjury, that the above information in your notification is accurate and that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Please send all written correspondence of alleged infringements to:
InfoSource, Inc.
1300 City View Center
Oviedo, Florida 32765
Attn: Michael Werner, Copyright Agent.
You may also contact InfoSource’s copyright agent by fax (407-796-5190), telephone ( 407-796-5200
407-796-5200) or Email at partners@simplek12.com.
LINKS TO THIRD PARTY SITES
InfoSource has not reviewed the sites linked to this Site and is not responsible for the content of any websites owned or operated by third parties. Please note that when you leave this Site, you do so at your own risk.
CHATROOM/MESSAGE BOARDS/SHARED RESOURCES/OTHER POSTINGS
To the extent that portions of this Site provide members an opportunity to post and exchange information, ideas and opinions (the “Postings”), please be advised that Postings do not necessarily reflect the views of InfoSource or any of its licensors. In no event shall InfoSource assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize InfoSource to use, and authorize others to use, your Postings in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, InfoSource will have the right to use and change the Postings in any manner that InfoSource may determine. Additionally, InfoSource may sweep its chat rooms, message boards, shared resources and other postings periodically in its sole discretion. InfoSource does not allow Postings which contain:
• private or personal information which might identify a member
• profanity or obscenities
• personal attacks on other individuals
• slanderous, defamatory, obscene, pornographic, threatening and harassing comments, and/or other information that InfoSource deems in its sole discretion to be inappropriate for this Site.
The chat rooms, message boards, shared resources and other postings may be used for noncommercial purposes only. Members may not post any information intended to promote and/or generate revenue for any third party business activity. Although InfoSource may periodically monitor the Postings, we cannot be responsible for the views or opinions expressed by third parties. Nevertheless, InfoSource will make every effort to ensure that the chat rooms, message boards, shared resources and other postings best serve the interests of all Members and, therefore, InfoSource reserves the right to refuse to post, edit, or delete messages that violate the above-referenced rules, as well as revoke the privileges of Members who do not comply with such rules. If you believe that any content on this Site (including, without limitation, Postings) violates any of these Terms of Use please click here to send us a message about it. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
From time to time, InfoSource offers live chats in which Members may elect to participate. If a Member elects to participate in a live chat, the Member does so of his or her own volition and with the full understanding that a transcript of each live chat may be archived and made available to other Members in InfoSource’s sole discretion.
COLLABORATIVE LEARNING
Members may choose to share with other Members non-infringing learning materials that they have created (“Shared Resources”). Such materials may be posted in appropriate message boards and chat rooms and each Member acknowledges that by making such materials available to other Members, other Members may download copies of the materials and use them solely for their own personal, classroom use.
Each Member downloading or otherwise copying any Shared Resources agrees that he or she (i) may not copy any Shared Resources except for use in Members specific classroom or otherwise in connection with the ordinary scope of Member’s duties as a teacher, (ii) may not distribute any Shared Resources outside of the ordinary course of Member’s duties as a teacher, and (iii) may not sell, lend or lease the Shared Resources. For the avoidance of doubt, as between Members of this Site, all Shared Resources are owned by the person posting the materials on this Site, subject to any claims of infringement that other Members may have.
Notwithstanding the foregoing, each Member grants to all other Members the right to modify Shared Resources and to both use such modified versions of Shared Resources in accordance with this Section. Further, each Member may re-post such modified Shared Resources to this Site, subject in each instance to the requirements of these Terms of Use.
INDEMNITY
You agree to indemnify, defend and hold InfoSource and its affiliates, and their respective officers, directors, employees, owners, agents, information providers and licensors (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees and the fees of other professionals) incurred by any Indemnified Party in connection with any breach by you of these Terms of Use. InfoSource reserves the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with InfoSource’s defense of such claim.
APPLICABLE LAW, VENUE, JURISDICTION
These Terms of Use and the relationship between you and InfoSource shall be governed by the laws of the State of Florida without regard to any provision of its laws which would require the application of the laws of a different jurisdiction. For any dispute arising under these Terms of Use, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Orange County, Florida. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
REFUND POLICY
As of July 8th, 2020, for multi-month individual teacher purchases, we proudly offer a 14 day guarantee on all of our digital training products. We want you to be fully satisfied with every item you purchase from SimpleK12.com. If you are not satisfied with your purchase, you may receive a full refund of purchase price within 14 days of purchase. At this time, access to your digital product will be terminated.
There are no refunds or returns on monthly memberships. To cancel a monthly membership, please contact us at support@simplek12.com prior to the date of your renewal charge. Once a monthly fee is charged to your credit card, we cannot refund it.
Site licensing purchases do not apply.
We also offer a 14 day price-match policy for multi-month individual purchasers for standard promotions. If you see a lower price offer for the identical item within 14 days of your original purchase, we will gladly refund the difference. The request for price match must occur on or after the same day as the lower priced promotion before that promotional discount ends. Some special offers may be excluded from the price-match. Monthly subscriptions are excluded. Site licensing purchases do not apply.
MISCELLANEOUS
These Terms of Use, together with InfoSource’s Privacy Policy and any other policy posted at this Site are the entire agreement between InfoSource and you relating to this Site. Notwithstanding the foregoing, your use of this Site may also be subject to an agreement between InfoSource and your employer or school or some other party with which you have a relationship (each such an agreement, a “Third Party Agreement”). Your use of this Site is also limited by relevant provisions of those Third Party Agreements. If any provision of these Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, you agree that every attempt will be made to give effect to the parties’ intentions as reflected in that provision to the extent permitted by Applicable Law, and such finding will not affect the balance of these Terms of Use, which will remain valid and enforceable.
InfoSource operates and controls this Site from its offices located at InfoSource, Inc., 1300 City View Center, Oviedo, Florida 32765. This Site is intended for residents of the United States and other countries permitted by Applicable Law. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
Last modified July 9, 2020.