Welcome to K5 Learning’s website. These terms and conditions of use apply exclusively to your access to and use of the K5 Learning ("K5") website (the "Site").
If you do not agree with any of these terms, do not access or otherwise use this Site or any information or materials contained on the Site. Your use of the Site shall be deemed to be your agreement to abide by each of the terms set forth below
Billing and Cancellation Policies
K5 will bill your credit card for your subscription monthly (or annually if that is the selected term).
If you have a monthly subscription, it will automatically renew each month and your credit card will be charged each month until you cancel the subscription. You will not receive any advance or other notices regarding these charges. We do not monitor account usage and do not cancel accounts which are not being used. It is up to you to cancel your subscription when you no longer want to use our learning program.
If you have an annual subscription, we will contact you in advance of your renewal date to see if you wish to renew. We will not renew annual subscriptions or charge your credit card again without your approval.
Your right to use the Site is subject to K5 receiving payment from your credit card or alternate means. If payment is not received by K5 for any reason, including charge back, K5 reserves the right to suspend or terminate your access and account.
K5 offers a 14 day free trial period during which customers have the opportunity to use the K5 system free of charge prior to deciding whether or not to subscribe. As such, we believe customers have ample opportunity to test the system's suitability prior to subscribing and K5 does not offer refunds after a customer has subscribed.
Should you decide to cancel one or more of your children on the Site, the cancellation will become effective immediately. You will not receive a refund for any unused part of your subscription. You may cancel by completing the appropriate pages on the Parent Dashboard or writing to us at the address on the Site.
K5 Learning is designed so that each child has their own account. You cannot share a paid student account between more than one student or substitute students within a paid subscription.
K5 does not issue refunds for non-usage of the system.
Pricing may vary and changes made by K5 become effective at the start of the next billing cycle. K5 may run special offers on our site from time to time. These offers are subject to change at any time.
Consent to Electronic Communication
By registering for a free trial, you are providing your consent for us to communicate with you by email. You will receive approximately 4 emails from us regarding the status of your free trial. Your email address will also be added to our newsletter list, to which we send periodic emails. You can opt out of the newsletter list at any time.
Use of Copyrighted Materials/Trademarks
Any materials on the Site, including without limitation any documentation, content, text, data, graphics, images, software, interfaces or other materials or works of authorship, (the "Materials") are copyrighted materials owned by or licensed to K5. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by K5 and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners.
Permission is granted to view and to print in hard copy portions of this website for your personal non-commercial use and not for resale or further distribution. Teachers and tutors may print and use copies of worksheets for use in the classroom, home or tutoring center but not for resale. Any other use of materials on this website, including reproduction for purposes other than those noted above, modification, distribution, or republication, without the prior written permission of K5, is strictly prohibited.
Except as expressly authorized by us or in these Terms, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit the Materials in whole or in part. You will not, in any manner, without our prior written approval, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, the software or any other content or the site. You may not store any significant portion of any content in any form, whether archival files, computer-readable files or any other medium. Any unauthorized or prohibited use of the Site or the Materials may subject the offender to civil liability and criminal prosecution under applicable laws.
Any product, process or technology described in the Materials or offered for sale through the Site may be subject to other intellectual property rights reserved by K5, its affiliates, or third parties. Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of K5, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on the Site are expressly reserved to K5, its affiliates, and/or any third party, as applicable.
Hyperlinks to this Site
Please feel free to link to pages on this Site ; however do not link directly to individual worksheets (e.g. pdf files). You may not use, frame, or utilize framing techniques to enclose any K5 trademark, logo or trade name or other proprietary information including the images and / or worksheets found at the Site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of K5.
Links to Third Party Websites
The Site may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by K5. If you use these links, you may leave the Site. K5 has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. K5 does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.
Password Restricted Areas of the Website
Certain areas of the Site may be password restricted to registered users ("Password-Protected Areas"). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify K5 if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify K5 of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you.
You acknowledge that you are responsible for the information and material that you submit to the Site though email or otherwise (each a "Submission"), and that you, and not K5, will have full responsibility for each of your Submissions, including its legality, reliability, appropriateness, originality and copyright. As such, you agree to indemnify and hold K5 entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by K5 in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your Submissions, your use of the Site or the use of the Site by any person using your screen name and/or password violates any applicable law or regulation, or the rights of any third party.
Any material, information or ideas you transmit to or post on the Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by K5 or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to K5 will be handled in accordance with the K5 Privacy Statement.
You shall not upload to, distribute through, or otherwise publish through the Site any content that you do not have the right to transmit or that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, otherwise objectionable, or that could constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. It is agreed upon that you will not in any way: (i) interfere with the ability of others to access or use the Site; or (ii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to use the Site. It is agreed upon that if you access our system through any method that is in any way improper, or allow anyone else to do so, you will pay us the dollar amount price of the membership package that has been violated, plus all costs we incur related to detecting and investigating your improper action(s). It is agreed upon that these costs may at our sole discretion include our inside and outside attorney time and fees as well as the fees of private and forensic investigators and all court and other costs associated with collecting the amounts you owe. For the purposes of this document, improper access means any access other than following our defined procedures for creating a valid account and paying for it. Examples of improper access include (but are not limited to) using any means to circumvent our registration or payment systems, hacking our system in any way, sharing your account information with a third party (regardless of whether the particular third party can be identified), logging yourself or a third party in simultaneously, or failing to log yourself out after a session and (regardless of intention) thereby allowing others to access your account. Improper access also includes using any artifice or method (such as using multiple email accounts) to avoid paying for service. This may include, but is not limited to: using multiple email accounts, using multiple "get started" promotion codes or offers, and credit card fraud.
Modifications to the Service
We may add, change or eliminate features, pricing, and other aspects of the Site and make other changes at any time and these Terms will continue to apply to the Site as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Site.
DISCLAIMER OF WARRANTIES
THE CONTENT, THE SITE, THE SERVICES AND EACH PORTION THEREOF ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. NEITHER WE, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR TEACHERS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE CONTENT, THE SERVICES OR ANY PORTION THEREOF.
K5 DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. K5 CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SOFTWARE, OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Limitation of Liability
Neither K5 will be liable to you or any third party claiming through you for any damages in connection with your inability to use the service and the site or any content appearing on the site. In no event will K5 be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether K5 has been advised of the possibility of such damages. Notwithstanding the foregoing limitations, in no event will the total, cumulative liability of K5 for damages under this Agreement exceed one hundred dollars ($100.00).
Revisions to this Agreement
You agree that K5 can revise these Terms at any time without notice by updating this posting on the Site. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.
Notices and Procedure for Making Claims of Copyright Infringement
Notifications of claimed copyright infringement should be sent to K5 at the address given on the Site or by email to email@example.com. If you believe that Material, or portions of Materials, have been copied in any way that constitutes copyright infringement, please provide the information requested below. Please note that this procedure is exclusively for notifying K5 regarding allegedly infringing Materials published on the Web Site. When providing notice, please provide the following information:
- An electronic or physical signature of the person authorized to act on behalf of the copyrighted work that you believe is being infringed;
- A description of the copyrighted work you claim has been infringed;
- A description of the location of the allegedly infringing Materials on the Web Site;
- Your name, address, telephone number and email address; and
- A statement regarding why you believe in good faith that the use of the copyrighted material is not authorized by the copyright owner, its agent, or law.
This Agreement is entered into in the Province of British Columbia and shall be construed in accordance with the laws of British Columbia, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the province and federal courts having jurisdiction in the City of Vancouver in the Province of British Columbia, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, if K5 prevails, it will be entitled to costs and attorney fees.
These Terms and any policies applicable to you posted on the site constitute the entire agreement between the parties with respect to the subject matter hereof. All rights not expressly granted herein are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
K5 can be reached using the contact information on the Contact Us page.