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Peak Curriculum Terms of Use
Last Updated: August 27, 2024
Your use of Peak Curriculum (the "Service") is subject to all terms and policies in these Terms of Use. The Terms of Use may be revised from time to time through an updated posting, and therefore you should check the Terms of Use periodically. Revisions are effective upon posting and your continued use of the Service following the posting of revisions to the Terms of Use will indicate your acceptance of such revisions.
BY USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU SHOULD NOT USE THE SERVICE. BY USING THE SERVICE, YOU AGREE TO USE IT IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THESE TERMS OF USE.
Privacy
Use of the Service and these Terms of Use are subject to Peak Curriculum’s privacy policy, which is available on our website. We are concerned about the safety and privacy of all Users and others, particularly students, affected by the Service. Therefore, Users shall adhere to requirements under specific federal and state laws applicable to those involving student information, including but not limit to The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99). We do not collect personally identifying information from children under the age of 13. Email addresses will only be stored through data encryption using a unique alphanumeric identifier and are not personally identifiable.
User License
Users are granted, subject to these Terms of Use, a personal, non-exclusive, non-assignable, and non-transferable license to access and use the Service for non-commercial use only. Modification to any materials in the Service or use of the materials for any purpose other than as contemplated in the Service is a violation of our copyright and proprietary rights. You agree not to reverse engineer, duplicate, publish, modify, or otherwise distribute the materials on the Service unless specifically authorized in writing by Peak Curriculum to do so. Peak Curriculum does not guarantee the accuracy or completeness of any information or content. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Unlawful Use
As a condition of your use of the Service, you warrant to Peak Curriculum that you will not use the Service for any purpose that is unlawful or prohibited by the Terms of Use. You agree not to use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You agree not to obtain or attempt to obtain through the Service any materials or information not intentionally made available to you through the Service.
Maintenance
We reserve the right at any time to suspend the Service, or any part thereof, with or without notice, for the purpose of performing maintenance. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service, or any part thereof.
Links to Other Sites
The Service may provide links to third party websites or resources. Because we do not control such websites and resources, you acknowledge and agree that Peak Curriculum is not responsible or liable for the content, products or performance of such third-party websites and resources, and you hereby irrevocably waive any claim against Peak Curriculum with respect to such websites and resources. Peak Curriculum reserves the right to terminate any link at any time without notice. The inclusion of a link to such another website or resource does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by Peak Curriculum of that website or resource, or any products or services provided therein. The information practices of those websites are not covered by our privacy policy or any other policies or terms applicable to the Service. We recommend that you review any terms of use and privacy policy of any linked third-party website before providing any information to that website or using its products and services.
Copyright and Trademark Notices
The entire content of the Service is the proprietary property of Peak Curriculum and/or its licensors and is protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of the Service without the express written consent of Peak Curriculum and/or its licensors is strictly prohibited. You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademarks by you shall be to the benefit of Peak Curriculum.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PEAK CURRICULUM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- PEAK CURRICULUM MAKES NO WARRANTY THAT
- THE PLATFORM WILL MEET YOUR REQUIREMENTS,
- THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE,
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS, AND
- ANY ERRORS OR DEFECTS IN THE PLATFORM WILL BE CORRECTED.
- ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED, FROM THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK; PEAK CURRICULUM SHALL NOT BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION, OF DATA UPLOADED OR INPUTTED BY YOU THROUGH THE USE OF THE PLATFORM, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THE PLATFORM.
Limitation of Liability
IN NO EVENT SHALL PEAK CURRICULUM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE LOSS OF DATA AND/OR THE USE OR THE INABILITY TO USE THE SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
- ANY OTHER MATTER RELATING TO THE SERVICE.
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, SOME OF THE ABOVE LIMITATIONS OF THE ABOVE MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold Peak Curriculum and its subsidiaries, affiliates, officers, agents, directors, licensors, contractors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service and/or its content, your connection to the Service, your violation of these Terms of Use, or your violation of any rights of another User.
Submissions
Peak Curriculum always welcomes suggestions and comments regarding the Service from Users. Any comments or suggestions submitted to the Service or Peak Curriculum, either online or offline, will become Peak Curriculum’ property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by Peak Curriculum might seem to others to be similar to their own submissions or comments.
General Information
The Terms of Use govern your use of the Service and supplement any prior agreements between you and Peak Curriculum concerning the Service. You also may be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The failure of Peak Curriculum to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Contact
If you have any questions, comments, or concerns about the Terms of Use or the Service, please contact:
[email protected]