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K12MARKETPLACE  WEBSITE TERMS OF USE
Welcome to the K12MARKETPLACE website (“Site”).  Please review these Terms of Use.  By accessing or using this Site, you agree to follow and be legally bound by these Terms of Use.

DEFINITIONS: Use of this site is intended for schools and educational professionals providing education in the grades K through 12. Henceforth the term “school/s” shall represent the purchaser of products whether that purchaser is an individual, School District, School, or authorized purchasing agent.

“Products and Materials”: The terms “products” and/or “materials” shall represent the items listed for sale on K12Marketplace. Examples of these products are textbooks (new and used), educational games, school supplies, educational toys, furniture and fixtures designed for schools, software, electronic learning devices, classroom displays, etc., etc.

1.    OWNERSHIP AND USE OF SITE MATERIALS
The Site contains information, data, logos, graphics, images, photographs and other elements and materials (collectively, “Materials”) that are owned or licensed by and are the copyrighted works of K12MARKETPLACE or its third party providers. K12MARKETPLACE has established and maintains this Site as a venue for vendors of K through 12th grade educational products and supplies to offer their goods for sale and so that schools can locate and buy products through our single source services. K12MARKETPLACE also owns a copyright in the selection and arrangement of the Materials. Except as stated herein, you may not use, copy, reproduce, modify, create derivative words from, distribute, republish, download, display, post or transmit in any form or by any means, including electronic, mechanical, photocopying, recording or other means, any Materials without the prior written permission of K12MARKETPLACE . Any unauthorized use of any Materials contained on this Site may violate copyright, trademark, privacy, publicity or communications laws and regulations.
K12MARKETPLACE hereby grants you permission to copy, print and download Materials on this Site on an occasional and irregular basis, provided that: (1) all the copyright and other proprietary notices appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media or used for commercial gain; and (3) the Materials are not modified in any way.

2.    TRADEMARKS
The product names, company names, logos, symbols, trademarks and service marks ("Marks") displayed on this Site are the property of K12MARKETPLACE its third party providers or other third parties. You are not permitted to use the Marks without the prior written consent of K12MARKETPLACE or such third party that may own the Marks. Any unauthorized use of any such trademarks may be a violation of the rights of K12MARKETPLACE or a third party. The Site and the information contained herein in no way grant any license or right to use any Mark displayed on the Site. User is strictly prohibited from using the Marks displayed on the Site or any other content on the Site, except as provided in these Terms of Use.

3.    ON-LINE CONDUCT
You may not use the Site for any unlawful purpose. You may not use the Site to collect personal information about users or transmit through or post on the Site any unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful or any racially, ethnically or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable laws. You further may not use the Site to violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right.

4.    LINKS TO THIRD PARTY SITES
K12MARKETPLACE makes no representations whatsoever about any other web sites, which may be accessed through this Site. K12MARKETPLACE may provide links to third party web sites only as a convenience and does not endorse or otherwise support any web site provider or the content or materials accessible by you through linked web sites. Access to a non-K12MARKETPLACE web site is independent from K12MARKETPLACE and K12MARKETPLACE has no control over the content on that web site. In addition, a link to a non-K12MARKETPLACE web site does not mean that K12MARKETPLACE endorses or accepts any responsibility for the content or the use of such web site. K12MARKETPLACE also assumes no responsibility, and shall not be liable for any damages to or viruses that may infect the computer equipment or other property of User arising from or related to access to use of or browsing in the Site or the downloading of any materials, data, text, images from the Site by the User. As a condition of your use of this Site, you agree not to link, or attempt to link, this Site to any other web site without the express consent of K12MARKETPLACE to do so.  

5.    TERMINATION OF ACCESS
K12MARKETPLACE may cease operating the Site or terminate your access to all or part of the Site, without notice, at any time, for any reason.

6.    DISCLAIMERS RESPECTING SITE
THE SITE AND MATERIALS ARE PROVIDED "AS IS," AND THE USE OF THE SITE AND MATERIALS IS AT YOUR SOLE RISK. K12MARKETPLACE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, THE OPERATION OF THE SITE, THE MATERIALS OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. K12MARKETPLACE HEREBY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES AND GUARANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. K12MARKETPLACE DOES NOT REPRESENT OR WARRANT THAT ANY SERVICE OR INFORMATION ACCESSIBLE ON OR THROUGH THIS INTERNET SITE IS ACCURATE, COMPLETE OR CURRENT, AND ALL INFORMATION IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO USER AND WITHOUT UPDATING THE INFORMATION ON THE SITE. K12MARKETPLACE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. INFORMATION ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. K12MARKETPLACE MAY CHANGE OR UPDATE INFORMATION WITHOUT NOTICE. K12MARKETPLACE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS, SERVICES AND/OR THE PROGRAMS DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. .

 7.    LIMITATION OF LIABILITY RESPECTING SITE
NEITHER K12MARKETPLACE NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF THE SITE OR THE MATERIALS, INCLUDING MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR DELAYS IN OPERATION OR TRANSMISSION, EVEN IF K12MARKETPLACE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OR INACCURACY OF DATA OR LOSS OF REVENUE). BY USING THIS SITE YOU AGREE THAT YOUR USE AND PARTICIPATION, IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO: OFFERING PRODUCTS AND EDUCATIONAL MATERIALS FOR SALE, BUYING PRODUCTS AND EDUCATIONAL MATERIALS OR OTHER SIMILAR APPROPRIATE ACTIVITIES. CHATTING, EXCHANGING INFORMATION, MESSAGING, RECEIVING OR PROVIDING MENTORING, PUBLICATION OR COMMUNICATION OF PERSONAL INFORMATION, POSTINGS, OR ANY OTHER PROVIDING OR RECEIPT OF INFORMATION OR MATERIALS IS VOLUNTARY AND UNDERTAKEN BY YOU WITHOUT ANY SPECIFIC EXPECTATIONS, RELIANCE OR INTENTIONS. THIS SITE IS FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED TO BE, AND IS NOT, A CONSULTING SERVICE. PRODUCTS OFFERED FOR SALE ON THIS SITE ARE OFFERED BY THIRD PARTIES AND NOT K12MARKETPLACE. AS SUCH, ANY RECOMMENDATIONS FOR PRODUCTS, ENDORSEMENTS OR OTHER ADVICE TO SCHOOL PRODUCTS BUYERS IS THAT OF THIRD PARTIES AND NOT K12MARKETPLACE.

8.    INDEMNIFICATION BY SITE USER
You agree to hold K12MARKETPLACE and its affiliates harmless from and indemnify them against any claims by you or third parties based on or related to your on-line actions or your use of the Site or the Materials and all damages, costs and expenses relating thereto. You shall cooperate as fully as reasonably required in the defense of any claim. K12MARKETPLACE reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of K12MARKETPLACE..

9.    NO ADVICE
The information provided on this Site is for general guidance and to offer the user general information on particular subjects of interest. It is not intended to constitute professional advice, counseling or services of any type. Our third party vendors may make recommendations, suggestions or even endorsements for certain products or materials. These recommendations, suggestions or endorsements are not provided by, or on behalf of, K12MARKETPLACE. Any reliance on this information is voluntary and K12MARKETPLACE shall have no responsibility whatsoever for any reliance on such recommendations, suggestions or endorsements.


10.    USE OF SITE
You agree to use this Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree to not add to, subtract from or otherwise modify the Content, or access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties..

11.    ORDER ACCEPTANCE
K12MARKETPLACE facilitates orders for products from schools that will be fulfilled by third party vendors which are not under the control of K12MARKETPLACE. Accordingly, K12MARKETPLACE cannot guarantee that any product order placed on this Site can actually be fulfilled by the third party vendor. Please note that certain orders cannot be accepted and must be cancelled. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will be promptly notified of any cancelled order. Some situations that may result in your order being cancelled include limitations on quantities available from vendors, inaccuracies or errors in product condition or pricing or problems that are identified with any vendor. Vendors will be paid for products and materials shipped to schools only when K12MARKETPLACE receives payment from schools. A transaction is "completed" only when the product order has been shipped by the vendor, accepted by the school and payment is received from the school by K12MARKETPLACE and payment in full is made by K12MARKETPLACE to the vendor. Once a transaction is "completed" as described, K12MARKETPLACE shall have no further responsibility or obligations to either the vendor or the school. Specific shipping, payment and collection terms are subject to change.

12.    PRICING AND PAYMENT TERMS
All product availability and pricing is established by third party vendors and not K12MARKETPLACE. Any negotiation of quantity and price between the vendor and any school shall occur using K12MARKETPLACE as an intermediary. K12MARKETPLACE does not guarantee the availability of any products or any pricing established, advertised or used by any vendor on the Site. All schools requesting products using a purchase order, guarantee to K12MARKETPLACE that the cash funds to purchase the products are available at the time the purchase order is submitted to K12MARKETPLACE and that the requesting school has all necessary school board or other approval for the product/s to be purchased. Every purchasing school shall remit payment in full, by cash, check or other negotiable funds to K12MARKETPLACE within thirty (30) days of the school's receipt of the product/s, or upon acceptance of the product/s under the terms stated herein, whichever is sooner. Payment for any portion of an order received by a school shall be made without waiting for the remainder of the shipment, unless different terms are agreed upon between the school, the vendor, and K12MARKETPLACE.

13.    SHIPPING AND RETURNS
Shipping arrangements for any orders will be coordinated by K12MARKETPLACE. All commercially reasonable efforts will be made to use the preferred shipping methods of both selling vendors and purchasing schools. However, you agree that K12MARKETPLACE can use its discretion to select shipping companies and methods. Vendors agree to ship all orders as directed by K12MARKETPLACE “as soon as possible” from date of the order and/or within seven (7) days of the school placing the order on K12MARKETPLACE. Vendors shall post tracking numbers for all orders and must receive proof of delivery, with the proof of delivery being provided to K12MARKETPLACE before any payment is made for the products. The vendor shall have all responsibility for incomplete or lost shipments. K12MARKETPLACE recommends vendors obtain appropriate shipping insurance for all orders shipped. Orders can be cancelled at any time prior to a vendor shipping products without incurring any restocking fees. For any orders cancelled or refused after shipping the cancelling school shall pay all packaging and shipping costs for the shipment to the school and the return to the vendor. The cancelling school shall also pay the vendor any restocking fees stated by the vendor in any information or advertisements specific to the products ordered by the school.

14.    USER SUPPLIED INFORMATION
K12MARKETPLACE does not want to receive any confidential or proprietary information from you via this Site unless specifically requested from you by K12MARKETPLACE. You agree that any material information or date you transmit to us or post to this Site will be considered non-confidential and non-proprietary. By posting to this Site, you waive any claim of confidentiality of the information you post. You further guarantee that any information you post will not violate any law or the rights of any person or entity. Further, posting any information you grant to K12MARKETPLACE the royalty free, irrevocable and perpetual right to use, distribute, display and create derivative works from the information.

15.    PASSWORDS
Upon registering to become a vendor or a purchaser of products through K12MARKETPLACE you will have a user name, password or other identifying information either assigned to you or chosen by you and approved by K12MARKETPLACE. It is your responsibility to maintain the confidentiality of your user name, password or other identifying information. You agree to accept all responsibility for all activities that occur under your user name, password or other identifying information.

16.    PRODUCTS PURCHASED THROUGH K12MARKETPLACE  
FOR ANY PRODUCT PURCHASED THROUGH THIS SITE, THE MANUFACTURERS’ OR SELLER'S WARRANTIES CONTROL.  

K12MARKETPLACE ’S policy regarding products purchased from any third party vendor through this Site is as follows:

    (a)    Schools shall have fifteen (15) days from the receipt of any products to reject the products for any reason. After fifteen (15) days the products shall be deemed to be accepted by the school. Any rejection of products for any reason must be made in writing to K12MARKETPLACE and the reason for rejection must be stated. Return of rejected products must be approved in advance by K12MARKETPLACE.

(b)    PRODUCTS PURCHASED FROM VENDORS THROUGH K12MARKETPLACE ONLY CARRY THE WARRANTY PROVIDED BY THE MANUFACTURER OR THE THIRD PARTY VENDOR THAT OFFERS THE PRODUCTS FOR SALE. K12MARKETPLACE makes no warranty and hereby disclaims any warranties, expressed or implied of merchantability, fitness of use for any particular purpose and makes no warranty as to design, content, construction, manufacture, structural integrity or expected life of the books.  .

    

17.    PRIVACY POLICY
Currently, K12MARKETPLACE does not share your e-mail address or other personal profile information, such as name, address, gender or age, with third parties for marketing purposes without your prior consent. K12MARKETPLACE also does not include a functionality allowing third parties to perform reverse searches to identify users from e-mail addresses.
K12MARKETPLACE may use your personal profile information to create personalized content, services or advertising related to K12MARKETPLACE, its affiliates and the products and services offered by them. K12MARKETPLACE may also use your personal profile information to create aggregate reports. Those reports do not contain any personally identifiable profile information.
This Site also may collect non-personally-identifiable information. For example, as you browse this Site, we may collect information about your visit, but not about you personally. Via web server logs, for example, we may monitor statistics such as: the number of people that visit our Site, which page(s) are visited on our Site, from which domain our visitors come (e.g. aol.com, hotmail.com, etc.), and which browsers people use to visit our Site (e.g. Netscape Navigator, Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, etc.). In using this Internet site, you may provide information regarding your tastes, ratings and preferences. You authorize K12MARKETPLACE to use such information in connection with any online or off-line offering or any electronic mail offerings by K12MARKETPLACE directed to you. K12MARKETPLACE may use your e-mail in connection with any such offering or campaign. We reserve the right to retain personally identifiable information collected through this Site for the length of our business relationship with you. In some cases, we will retain the information for a longer period of time if required to do so by law or regulation.

Notwithstanding the foregoing and in compliance with applicable laws, K12MARKETPLACE (a) cooperates fully with state, local and federal officials in any investigation relating to any content (including personal or private electronic communications transmitted to K12MARKETPLACE on or through the Site) or purported unlawful activities of any user and (b) takes reasonable measures to protect its proprietary rights. For the limited purposes of accomplishing such cooperation and measures and in compliance with applicable laws, K12MARKETPLACE may be required to disclose personal information. In addition, K12MARKETPLACE may elect to electronically monitor the user submit or distributor areas of the Site and may disclose any content, records or electronic communication of any kind (i) to satisfy any law, regulation or governmental request; (ii) if such disclosure is necessary or appropriate to operate.


18.    CHANGES TO SITE OR TERMS OF USE
K12MARKETPLACE may make improvements or changes to the Site or to the products, services, programs and prices described on this Site at any time without notice. K12MARKETPLACE may revise these Terms of Use at any time, without prior notice, by posting the revision or the revised Terms of Use on the Site; any revision is effective upon your accessing this Site. As a result, you should routinely visit this page to review the then current Terms of Use to which you are bound.

19.    LOCAL LAWS
K12MARKETPLACE controls and operates this Site from its offices within the United States of America. K12MARKETPLACE makes no representation that the Site or the Materials are appropriate or available for use outside the USA. If you use this Site from locations outside the USA, you are responsible for compliance with USA and foreign laws and regulations and all applicable local laws. All marketing or promotional materials found on this Site are directed solely to individuals and entities located in the USA.

20.    RIGHTS AND REMEDIES OF K12MARKETPLACE  
You agree that K12MARKETPLACE shall have all rights and remedies provided under these Terms of Use and under applicable law.

21.    GOVERNING LAW; CHOICE OF FORUM
These Terms of Use, the use of the Site and all other transactions conducted through the Site or with K12MARKETPLACE will be governed by and construed and enforced under the laws of the State of Missouri (excluding any conflict of laws rules). These Terms of Use represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Any cause of action which you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. The exclusive jurisdiction and venue for any legal proceedings relating to these Terms of Use or to the Site or transactions or activity conducted on or relating to the Site will be the appropriate state or federal courts in Christian County, Missouri; you consent to such jurisdiction and waive all objections to such courts based on jurisdiction, venue and inconvenience of the forum.

22.    SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

23.    AGREEMENT TO THE TERMS AND CONDITIONS
BY ELECTRONIC SIGNATURE TO THESE TERMS OF USE EACH VENDOR AND EACH SCHOOL AGREES TO THE TERMS AND CONDITIONS STATED FOR TRANSACTIONS BROKERED BY K12MARKETPLACE. FURTHER, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AGREE THAT ALL AGREED UPON FEES AND COSTS PAYABLE TO K12MARKETPLACE ARE AUTHORIZED AND YOU WILL NOT KNOWINGLY OR INTENTIONALLY AVOID OR WITHHOLD ANY FEES OR COSTS OWED TO K12MARKETPLACE.

24.    LEGAL CONTACT INFORMATION
If you have any questions about these Terms of Use, please contact K12MARKETPLACE via email admin@k12marketplace.com .


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