These Terms of Service are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms of Service conflict with the English language version, the English language version of these Terms of Service shall control.
The headings used herein are included for convenience only and will not limit or otherwise affect these Terms of Service.
We provide a comprehensive, interactive learning resource for students. The site enables teachers and parents to differentiate assignments for students allowing them to work at their own level and pace towards mastery of concepts and skills aligned with educational development, while tracking progress and performance.
We grant you a limited, revocable, non-exclusive, non-transferable license to review and in some instances print content, from our Services (e.g., our website) for your personal and educational purposes as long as they do not violate any aspect of these Terms of Service or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. We reserve the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) and in our sole discretion. You agree that any termination of your access to the Services under any provision of this Agreement may be done without prior notice, and acknowledge and agree that I Know It may immediately deactivate or delete your account, and all related information and files in your account, and/or bar any further access to such files or the Services.
We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs or upgrades. We will endeavor to provide notice before any scheduled upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. In the event of permanent discontinuance of the Services, liability is limited to your paid subscription price, which shall be pro-rated to the amount remaining on your subscription.
Depending on your account type, you may cancel your account/subscription at any time, and cancellation will be effective at the end of the billing cycle in which you cancel your account/subscription. To cancel your account/subscription, you must submit your cancellation request to I Know It via email or facsimile and follow through with verification. You will continue to have access to the Services until the billing period in which you cancel your account/subscription ends. I Know It does not provide refunds or credits for any partially used membership periods.
All registered and unregistered trademarks visible or accessible through our Services are trademarks of the Company, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of the Company, or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated or used in whole or in part without prior written permission of us.
You represent, warrant, and covenant to us that you own or otherwise have and will have the necessary rights and consents in and relating to any information you provide to or make accessible to us (including Personally Identifiable Information as that term is defined by the Family Educational Rights And Privacy Act ("FERPA"), including by presenting, complying with, and enforcing all appropriate disclosure and notice requirements at the point of collection of information, so that, as accessed, received, and processed by us in accordance with these Terms of Service, the information does not and will not infringe, misappropriate, or otherwise violate any intellectual property rights or any privacy or other rights of any third party or violate any applicable federal or state law, including FERPA.
Errors, Inaccuracies, & Omissions
Our Services, including our website, may contain typographical errors, inaccuracies, or omissions that may relate to Company offerings, promotions, packages, programs, events, and materials. We do not warrant the accuracy, completeness or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders or programs if any information about the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, payment, form, etc.).
We do not take on any obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing, dates, availability, location, products, and services, except as required by law.
No specified update or refresh data applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.
Links on the Services
Our Services might include links to other websites. We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party's materials or websites or for any other materials, products, or services of other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party's websites or other platforms. Please review carefully other party's website's policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party.
OUR SERVICES, AND THE INFORMATION ON OR AVAILABLE THROUGH OUR SERVICES, IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO OUR SERVICES, OR RELATED CONTENT, FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN OUR SERVICES AND/OR OUR LITERATURE.
IN NO CASE SHALL WE, OUR EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS OF SERVICE SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Terms of Service and any separate agreements whereby we provide you Services shall be governed by New York courts located in Erie County, New York without reference to any conflict of law rules.
You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
To the extent that any provision of these Terms of Service is deemed to be unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms of Service are effective until terminated. We may terminate this Agreement at any time without notice to you and may deny you access to our Services.
To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, and our employees, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.
There are no third-party beneficiaries to the Terms of Service. We shall have the right to assign our rights or delegate any of its responsibilities under these Terms of Service to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.
Accounts on the Services may only be created by Schools and families. We do not permit children under the age of thirteen (13) to create an account. We may collect a persistent identifier (e.g., an IP address or cookie) from a child while the child is using the Services.
When you create an account with I Know It, you will determine the username(s) and password(s) associated with it and its users. You may not (a) select or use a username of another person with the intent to impersonate that person, (b) select or use a username or password that I Know It, in its sole discretion, deems inappropriate or offensive, or (c) select or use a username and password that is in use or likely to be used for account access on any other website or service. The creator of an account on I Know It is responsible for maintaining the confidentiality of his or her username(s) and password(s), and will be responsible for all uses of his or her account, username(s) and password(s), whether or not authorized by the creator. The creator of an account on I Know It who sets up an account for a minor(s) under the age of eighteen (18) also agrees to supervise and take full responsibility for the use of the Services and website by said minor(s).
We reserve the right to change, modify, or amend these Terms of Service at any time to reflect changes in our practices and service offerings. If we modify our Terms of Service, such changes will be effective upon posting. It is your obligation to check our current Terms of Service for any changes; your continued use of the Services constitutes your acknowledgment and agreement to the Terms of Service. These Terms of Service may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter.
T.P.W., Inc. dba I Know It
6 Main Street, Tonawanda, New York 14150
Email Address: firstname.lastname@example.org
Telephone number: 716-260-1242
Fax number: 716-260-2516
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