AGREEMENT
Terms of Service
The Terms of Service for Academic Innovations’ My10YearPlan.com ("Terms of Service") are effective immediately upon the User's acceptance of the Terms of Service by clicking the "Finish" button with the "I accept" checkbox checked, and User's first use of Academic Innovations’ my10yearPlan.com ("Service") as defined herein. As used in the Terms of Service, the terms "you," "your," or "user" all refer to the person using the Service in any way, whether as a student, instructor, counselor,, School Site Executive, or other employee.
1. Permitted Uses and Restrictions on Use
Subject to the terms and conditions of the Terms of Service, Academic Innovations or its subcontractors will provide the following: My10yearPlan.com, an online service that allows you to manage your students’ 10-year plans online (the service). You may not use the Service until you have read and accepted all of the Terms of Service by checking the "I accept" checkbox and clicking the "Finish" button. In order to use the Service, you are responsible at your own expense to access the Internet, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. You shall not attempt to access any other of Academic Innovations’ services, programs, or data that are not made available for public use. The Service supports users whose principal place of school enrollment, residence, or business is within the United States of America.
2.1 Your Registration Obligations
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself, your school and your Career Choices program as prompted by the Service's registration form(s) (such information being 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 Academic Innovations has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Academic Innovations may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
2.2 Acceptable Use Policy for all users
You agree to comply with Academic Innovations’ then-current Acceptable Use Policy as posted at my10yearplan.com / lifestylemath.com/acceptable_use_policy.html. By submitting content ("Content") to Academic Innovations in connection with this Service, you warrant that: (i) you are the owner of such Content, or have been granted all the rights necessary from the owner of Content to submit such Content to Academic Innovations, and (ii) the use of Content by Academic Innovations and its members will not infringe or misappropriate the intellectual property rights of or otherwise violate the rights of any third party.
2.3 Acceptable Use Policy for Students
In addition:
1. I will use my10yearplan.com / lifestylemath.com to learn.
2. I will enter serious responses onto the website.
3. I will use appropriate language while typing on the computer.
4. I will show respect for my classmates and their responses. Everyone's plans and goals will be different.
5. I will not copy, download or back up the website or any of its text or images.
6. I will not post any material from my10yearplan.com / lifestylemath.com or the Career Choices & Changes curriculum onto any website, including my blog or Facebook page, and any message boards.
7. I will not use the contents of my10yearplan.com / lifestylemath.com or the Career Choices & Changes curriculum for purposes not related to school.
8. I will not do anything to disrupt other students' experience with the website.
9. I will keep my password private. No one else may use my account.
10. I will back up my responses to a PDF file by using the site's archive feature.
I promise to act in accordance with the Acceptable Use Policy for Students.
3. Access, Passwords and Security
You may designate up to the number of users under your account which corresponds to the level of Service you are receiving from Academic Innovations, and you may provide and assign access and passwords to such users. Passwords are for use by their corresponding end user only. You will be responsible for the confidentiality and use of your access name(s) and password(s).You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data ("Electronic Communications") entered through or under your access number(s), password(s) or account number(s). Academic Innovations will act as though any Electronic Communications it receives under your access number(s), password(s) or account numbers(s) will have been sent by you. You agree immediately to notify Academic Innovations if you become aware of any loss or theft or unauthorized use of any of your access number(s), password(s) and/or account number(s).
4. Member Conduct
By submitting any data to Academic Innovations, you warrant that: (i) you are the owner of such data, or have been granted all the rights necessary from the owner of such data to submit such data to Academic Innovations, and (ii) the use of such data by Academic Innovations will not infringe or misappropriate the intellectual property rights of or otherwise violate the rights of any third party or member of your organization, whether instructor, student, counselor, parent, or other employee.
You agree to not use the Service to:
1. impersonate any person or entity, including, but not limited to, an Academic Innovations official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
2. interfere with or disrupt the Service or servers or networks connected to the Service;
3. violate any applicable law or regulation, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission and any rules of any securities exchange;
4. incite or provide instructional information about illegal activities;
You agree not to publish any usernames or passwords on the Internet or in any other publication that can be accessed by the public at large. Additionally, you will only provide usernames and passwords to those who are either authorized end users of my10yearplan.com / lifestylemath.com or authorized instructors, counselors, or administrators. The sharing of usernames and passwords with anyone else is strictly prohibited and may result in the termination of this Agreement in accordance with Section 9.
5. General Practices Regarding Use, Storage and Service Access
You acknowledge that Academic Innovations may notify you and request your consent with regard to updates to its general practices and limits concerning use of the Service, including, without limitation, establishing the maximum amount of storage space you have on the Service at any time, as well as limiting the number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Academic Innovations has no responsibility or liability for the deletion of or failure to store any messages or other communications or other Content maintained or transmitted by the Service. As a condition of use for this Service, you agree that, in the event of an error with your Service, a Service technician shall be permitted to access your data as necessary to resolve the problem.
6. Consumer Information and Privacy
6.1 Privacy. For details about Academic Innovations' privacy policies, please refer to the my10YearPlan.com Privacy Statement, accessible via the Service home page. You agree to the terms and conditions of the
My10YearPlan.com Privacy Statement, as it may be amended from time to time, which is incorporated herein by reference. Academic Innovations will notify you of any changes to the Privacy Statement.
7. Modifications to the Service or Agreements
7.1 Modifications to the Service. Academic Innovations reserves the right to modify, temporarily suspend, or permanently discontinue the Service with reasonable notice to you. Permanent discontinuation of the Service will result in a pro-rated refund of the registration fee to you. You agree that this refund is your exclusive remedy, and that Academic Innovations shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service. Academic Innovations may specify from time to time the version(s) of related products required in order to use the Service (e.g. supported browser versions).
7.2 Modifications to the Terms of Service. You agree that Academic Innovations may change or modify the Terms of Service if necessary to comply with any other agreements that Academic Innovations is currently bound by or will be bound by in the future, and/or with applicable law, as well as to adjust to changing business circumstances. Academic Innovations will notify you of any changes to the agreements. Your consent and continued use of any part of the Service shall constitute your acceptance of the Terms of Service with the new modifications. If you do not agree to any of such changes, you may terminate the Terms of Service and immediately cease all access and use of the Service. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to the Terms of Service.
8. Fees
You agree to pay the then-current fees associated with the Service. Academic Innovations will give reasonable notice to you of changes to its fee structure.
9. Termination
You acknowledge and agree that Academic Innovations may suspend or terminate your account and/or deny you access to, use of, or submission of Content for all or part of the Service, without prior notice, if you engage in any conduct that Academic Innovations believes, in its sole discretion: (a) violates any term or provision of the Terms of Service, (b) violates the rights of Academic Innovations or third parties, (c) or is otherwise inappropriate for continued access and use of the Service. In addition, Academic Innovations reserves the right to terminate inactive membership accounts. Academic Innovations considers any site or district that has not paid its then-current annual storage fee as “inactive.”
Academic Innovations is under no obligation to store student information beyond the four-year term of traditional high school enrollment. After a storage term of four years, Academic Innovations may delete archived information, regardless of your account standing. It is your responsibility to maintain backup copies of archived information.
You agree that upon termination, we may delete all files and information related to your account and may bar your access to your account and the Service. Further, you agree that Academic Innovations shall not be liable to you or any third party for any termination of your access to the Service. You agree to defend, indemnify and hold Academic Innovations (and its officers, directors, agents, and employees) harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of the Terms of Service, state or federal laws or regulations, or any third party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of Service.
10. Links
The Service may provide links to other Internet sites or resources. You acknowledge and agree that Academic Innovations is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Academic Innovations shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
11. Academic Innovations’ Proprietary Rights
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You acknowledge that the content and overall appearance of My10yearPlan.com is copyrighted material and that you will not violate or infringe on that copyright. You further acknowledge and agree that Content within the
Workbook and Portfolio for Career Choices,
Career Choices: A Guide for Teens and Young Adults, Who Am I, What Do I Want, and How Do I Get It, The Instructor’s And Counselor’s Guide for Career Choices, Possibilities, Supplemental Anthology for Career Choices and Lifestyle Math: Your Financial Planning Portfolio are copyrighted material and will not be photocopied, digitized, mirrored, or reproduced in any fashion physical or digital by anyone within your school or district.
12. No Resale, Etc. of the Service and Textbooks
You agree not to copy, sell, resell, rent or sublicense (including offering the Service to third parties on an applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative work of any portion of the Service or the textbooks listed in clause 11.
You agree not to access or archive the contents of the Service, including all exercises and activities or any derivative thereof, by any means other than through the interface and functions that Academic Innovations provides for use in accessing the Service. You agree not to store the content of the service or copies of any proprietary activities on any district or school intranet or any other server, unless expressly agreed to in writing by Academic Innovations.
13. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACADEMIC INNOVATIONS AND ITS SUPPLIERS EXPRESSLY DISCLAIM 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.
2. ACADEMIC INNOVATIONS AND ITS OFFICERS, EXECUTIVES, AGENTS, AND EMPLOYEES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR RESULT IN REVENUES OR PROFITS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPATIBLE WITH YOUR SOFTWARE AND/OR HARDWARE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ACADEMIC INNOVATIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF SERVICE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. ACADEMIC INNOVATIONS EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SERVICE, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ACADEMIC INNOVATIONS DOES NOT WARRANT THAT IT WILL MAINTAIN A VIRUS-FREE ENVIRONMENT ON ITS SERVERS OR WEBSITES, NOR THAT IT WILL USE FIREWALL PROTECTION.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACADEMIC INNOVATIONS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
5. ACADEMIC INNOVATIONS IS UNDER NO OBLIGATION TO PROVIDE ADVICE OR INFORMATION TO ANY PERSON OTHER THAN DESIGNATED SCHOOL SITE EXECUTIVES.
14. Representations and Warranties.
You represent that, to the best of your knowledge and belief, your use of the Service does not directly or indirectly infringe the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your registration is accurate and reliable.
15. Limitation of Liability
(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACADEMIC INNOVATIONS AND ITS SUPPLIERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ACADEMIC INNOVATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
(b) YOU ALSO AGREE THAT ACADEMIC INNOVATIONS WILL NOT BE LIABLE FOR ANY (a) INTERRUPTION OF BUSINESS, (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS THROUGH THIS SERVICE ; (c) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) EVENTS BEYOND ACADEMIC INNOVATIONS' REASONABLE CONTROL;
(c) IN NO EVENT SHALL ACADEMIC INNOVATIONS' MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO ACADEMIC INNOVATIONS FOR THE OPTIONAL ONLINE SERVICE, BUT IN NO EVENT OR UNDER ANY CIRCUMSTANCES GREATER THAN NINETY-NINE DOLLARS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
16. 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 SECTIONS 13 AND 15 MAY NOT APPLY TO YOU.
17. General Information
The Terms of Service constitute the entire agreement between you and Academic Innovations and governs your use of the Service, superceding any prior agreements between you and Academic Innovations (including, but not limited to, any prior versions of the Terms of Service) with respect to its subject matter. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Academic Innovations services, third-party content or third-party software. Except as otherwise provided herein, the Terms of Service shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Academic Innovations agree that this agreement, and all material and agreements issued in connection therewith, shall be governed by and interpreted in accordance with the laws of the State of California, and that any appropriate state or federal district court located at or near Santa Barbara, California shall have exclusive jurisdiction over any case or controversy arising under or in connection with this Agreement. The Terms of Service do not limit any rights that you or Academic Innovations may have under trade secret, copyright, patent, trademark or other laws. The failure of Academic Innovations to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 the Terms of Service remain in full force and effect. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. The Terms of Service will inure to the benefit of Academic Innovations and its successors and assigns.
Lifestyle Math
