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Format: 2014-08-28
Terms of Use

AGREEMENT TO TERMS
Welcome to The American Academy, The American Academy Online High School and the technology, software, systems and websites that support our operations (collectively referred to as the “Site”). The following are the terms of use (“Terms” or “Terms of Use”) that govern your use of the Site. So long as you, your child or a child for which you are the legal guardian (“Student(s)”) is/are enrolled in a school that uses the TAA curriculum, The American Academy, LLC (“TAA”) will grant access to and allow the use of the curriculum and Site on behalf of your Student(s) for purposes of providing educational and related services to you and your Student(s). By using the Site, you expressly acknowledge that you have read, understood and agreed to be bound by these Terms of Use and any modifications that may be made to these Terms of Use from time to time and that you have agreed to follow all applicable laws and regulations governing the Site. If you do not agree to these Terms, you should not use the Site. TAA reserves the right to change the Terms at any time without notice to you, effective immediately upon posting on the Site. Please check this page periodically. In addition, when using the Site, you shall be subject to any posted guidelines or rules applicable to each service offered within the Site, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.

The Terms constitute a binding legal agreement between you and TAA, which details your and your Student(s) rights and obligations as members (“Member”) of the TAA Service, as described below. Please read them carefully before accessing or using the Site. All Members must accept the Terms as a condition of membership to the TAA Service. When you accept the Terms and complete the registration process for the TAA Service, you become the “Member Account” holder.

For purposes of the Terms, “you” means the Member Account holder.

DESCRIPTION OF SERVICE
TAA provides you with access to a learning environment, a course curriculum and community tools, including lessons, assessments, various communication tools, directories, clubs, event offerings and opportunities to communicate (the “Service”). You also understand and agree that the Service may include certain communications from TAA such as service announcements, administrative messages, other membership messages and the TAA newsletter and that these communications are considered part of TAA membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new TAA properties, shall be subject to the Terms. You understand and agree that the Site and the Service are provided “AS-IS”; TAA makes no representations or warranties of any kind with respect to the Site or the Service or any contents therein. TAA assumes no liability or responsibility for any errors or omissions in providing the Service or the Site, any losses or damages arising from the use of the Site or the Service, or any conduct by users of the Site. TAA assumes no liability or responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and all fees associated with such access. You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TAA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TAA has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). TAA is concerned about the safety and privacy of all its users, particularly children. You may find additional information regarding our Privacy Policy on our website.

When you create a TAA Student Account and add yourself as a Student to the account, you certify that you are at least 13 years old. If you are the legal guardian of the child/children listed on the TAA Student Account, it is your responsibility to determine whether any of the Service areas are appropriate for your child.

PARENTAL RESPONSIBILITY (if applicable)
As the legal guardian of the Student(s), you always remain ultimately responsible for your Student(s)’s education. You agree to be responsible for your Student(s)’s education, and monitoring your Student(s)’s adherence to the Student Honor Code Statement.

PERMITTED USE
You understand and agree that you are not authorized to use the Site or TAA-provided computers, materials or services for any purpose not expressly authorized herein. In particular, you agree that you may not use the Site or TAA-provided computers, materials or services for the benefit of anyone other than your Student(s) and not for any other person.

You understand TAA reserves the right to revoke access to the curriculum and the Site and the Service if TAA has reason to believe that these Terms of Use have been or may be violated. You will be fully liable for all costs or losses to TAA or TAA’s affiliates related to your violation of these Terms of Use. TAA may disclose user information about you if required by applicable law or by subpoena or court order.

MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials (“Member Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Member Content originated. This means that you, and not TAA, are entirely responsible for all Member Content that you upload, post, email, transmit or otherwise make available via the Service. TAA does not control the Member Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Member Content. You understand that by using the Service, you may be exposed to Member Content that is offensive, indecent or objectionable. Under no circumstances will TAA be liable in any way for any Member Content, including, but not limited to, any errors or omissions in any Member Content, or for any loss or damage of any kind incurred as a result of the use of any Member Content posted, emailed, transmitted or otherwise made available via the Service.

By posting information in or otherwise using any interactive service that may be available to you on or through this Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content—including text, communications, software, images, sounds, data, or other information—that:

  1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  2. harasses or advocates harassment of another person;

  3. exploits people in a sexual or violent manner;

  4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

  5. uses vulgar language in the creation of a username or other identifying information;

  6. solicits personal information from anyone under 18. Personal information includes but is not limited to name, address, phone number, or name of their school;

  7. could be harmful to minors;

  8. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

  9. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

  10. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;

  11. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

  12. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

  13. solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;

  14. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

  15. includes a photograph of another person that you have posted without that person’s consent;

  16. impersonates any person or entity, including any employee, contractor or representative of TAA.


TAA generally does not pre-screen, monitor, edit or remove Member Content. TAA and its agents, however, have the right (but not the obligation) at their sole discretion to pre-screen, monitor, edit or remove any Member Content that, in TAA’s judgment, does not comply with these Terms or is otherwise harmful, objectionable, or inaccurate. TAA is not responsible for any failure or delay in removing such Member Content. You agree that you must evaluate, and bear all risks associated with, the use of any Member Content, including any reliance on the accuracy, completeness, or usefulness of such Member Content. In this regard, you acknowledge that you may not rely on any Member Content created by TAA or submitted to TAA.

You acknowledge, consent and agree that TAA may access, preserve, and disclose your account information and Member Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Member Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of TAA, their users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
TAA does not claim ownership of Member Content you submit or make available for inclusion on the Service. With respect to Member Content you submit or make available for inclusion on Member accessible areas of the Service, however, you grant TAA the following world-wide, perpetual, royalty free and non-exclusive license(s), as applicable:

By posting or submitting Member Content to this Site, you grant TAA and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and you warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by TAA will not infringe or violate the rights of any third party.

“Member-accessible” areas of the Service are those areas of the TAA network of properties that are intended by TAA to be available to Members.

GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that TAA may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days discussion board postings or other uploaded Member Content will be retained by the Service, the maximum disk space that will be allotted on TAA’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that TAA has no responsibility or liability for the deletion or failure to store any messages and other communications or other Member Content maintained or transmitted by the Service. You acknowledge that TAA reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TAA reserves the right to modify these general practices and limits from time to time.

MODIFICATIONS TO SERVICE
TAA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TAA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

FILTERING SOFTWARE
You understand and agree that for Student(s) enrolled in a school that uses the TAA technology and curriculum, federal, state and/or local law may require that the computer made available to the Student(s) be equipped with filtering software to restrict access to Internet sites containing child pornography, obscene depictions, or other materials harmful to minors under 18 years of age. As legal guardian it is your responsibility to install and maintain this software as required to meet federal, state and/or local laws.

PROPRIETARY RIGHTS
You acknowledge and agree that all content, software, and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by TAA, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on the Site on a single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrial of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without permission from TAA is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms is prohibited.

LINKING AND THIRD PARTY SITES
You may not link or deep-link to this Site or any content contained on it without TAA’s prior written consent. This site may produce automated search results that reference or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of TAA, and you acknowledge that TAA is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by TAA or any association with its operators, nor does TAA warrant that other sites will not contain viruses or otherwise affect your computer. For your protection TAA has installed filtering software described above, however, TAA does not warrant that objectionable websites will not be accessible even with the installation of the filtering software.

ACCESS AND INTERFERENCE
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of or others’ use or enjoyment of, the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

INTERSTATE NATURE OF COMMUNICATIONS ON TAA NETWORK
When you register with the Service, you acknowledge that in using certain services to send electronic communications (including but not limited to email, search queries, sending messages to TAA discussion boards, uploading photos and files to TAA, and other Internet activities), you will be causing communications to be sent through TAA’s computer networks. As a result, and also as a result of TAA’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms, you acknowledge that use of the Service results in interstate data transmissions.

U.S. EXPORT CONTROLS
Software from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

DISCLAIMERS OF WARRANTIES
YOUR USE OF THE SITE OR THE SERVICE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TAA, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT OR THAT IT WILL MEET YOUR NEEDS OR REQUIREMENTS; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TAA OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN TAA’S TERMS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU EXCEPT THAT TAA’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TAA, TAA’S SUBSIDIARIES, RELATED OR AFFILIATED COMPANIES, AND LICENSORS (“RELEASED PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT OR, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE TAA PRODUCTS, SERVICES OR THE Site; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (iv) ANY OTHER MATTER RELATING TO TAA’S PRODUCTS OR SERVICES OR THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU EXCEPT THAT TAA’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

RELEASE
YOU HEREBY RELEASE AND FOREVER DISCHARGE TAA, THEIR OFFICERS AND DIRECTORS, AND THEIR EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, (“RELEASED PARTIES”), FROM ALL ACTIONS, CAUSES OF ACTION, INJURIES, CLAIMS, DAMAGES, COSTS OR EXPENSES OF ANY KIND GROWING OUT OF OR RELATED TO YOUR OR YOUR STUDENT(S)’ USE OF THE CURRICULUM, THE SITE OR THE SERVICE. YOU UNDERSTAND THAT THIS IS A FULL AND COMPLETE RELEASE TO THE MAXIMUM EXTENT ALLOWED BY LAW OF ALL CLAIMS AND DAMAGES WHICH YOU OR YOUR STUDENT(S) MAY HAVE AS A RESULT OF HIS OR HER USE OF THE CURRICULUM, THE SITE OR THE SERVICE REGARDLESS OF THE SPECIFIC CAUSE THEREOF.

EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY THE LIMITATIONS SET FORTH IN “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITIES” MAY NOT APPLY TO YOU.

CHOICE OF LAW AND FORUM
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, excluding its conflicts of law terms. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Site shall be filed only in the state or federal courts located in Salt Lake City, Utah, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless TAA and its subsidiaries, related or affiliated companies, and their employees, contractors, officers, directors and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site, including claims arising out Member Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms or your violations of any rights of another. TAA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with TAA in asserting any available defenses.

SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, these Terms along, with the Enrollment Form, Primary Adult designation (if applicable), and the Student Honor Code Statement constitute the entire agreement between you and TAA with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and TAA with respect to the Site or the Service. If any part of these Terms are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

TERMINATION
You agree that TAA, in its sole discretion, may at any time without prior notice immediately suspend, terminate and/or delete your TAA account and access to the Service for any reason. Cause for such suspension, termination and/or deletion shall include, but not be limited to, (a) breaches or violations of the Terms, or of other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Service. Termination of your TAA account may include (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in TAA’s sole discretion and that TAA shall not be liable to you or any third party for any termination of your account, or access to the Service.

VIOLATIONS
Please report any violations of the Terms to our Customer Service group.  You can contact us at:

The American Academy, LLC
Attn: Customer Service
PO Box 748
Salt Lake City, UT 84110

email: terms@theamericanacademy.com

phone: 1-866-689-1932

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