K To The 8th Power Terms Of Use

Last Updated: January 2, 2013
PLEASE READ CAREFULLY BEFORE USING THE K TO THE 8TH POWER LEARNING MANAGEMENT SYSTEM ("LMS"). BY ACCESSING AND USING THE LMS, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THIS LMS.

Grant of Rights
Pursuant to a Subscription Quote (the "Subscription Quote") between Connections Learning, a division of Connections Education LLC ("Connections Learning"), or its authorized agent, and the subscribing entity ("Subscriber"), Connections Learning has granted to Subscriber, and the educators, administrators and students authorized under the Subscription Quote (collectively the "Users"), for the term of the applicable Subscription Agreement, a limited, non-exclusive, terminable, non-transferable, royalty-free license to access the LMS and the content accessible through the LMS (“Content”), such grant of rights subject to these Terms of Use. Any right to use Content shall be solely for the applicable curriculum and courses for which a student is enrolled (“Curriculum”). If the User is a minor, he or she will be the responsibility of his or her parent/guardian, who will ensure that the User adheres to the provisions herein.

Changes to Terms of Use
Connections Learning reserves the right to change these Terms of Use from time to time. Such changes will become effective when Connections Learning posts the revised Terms of Use on the Connections Learning website ("Website") or LMS. Users should check the Terms of Use from time to time, as they are bound by the Terms of Use posted on the Website or LMS at the time of access. Any revised Terms of Use will supersede all previous versions.

Permitted and Prohibited Uses
All rights not expressly granted to Subscriber and its Users pursuant to these Terms of Use are reserved to Connections Learning, and all uses of the Content and the LMS by Subscriber and its Users not expressly permitted hereunder are prohibited.

Use for Educational, Non-Commercial Purposes Only. Subscriber and its Users may use the LMS and the Content for bona fide educational purposes only, and may not use them in any commercial or for-profit manner. Connections Learning reserves the right, in its sole and absolute discretion, to limit Subscriber's and/or any Users' use of the LMS in the event that Connections Learning, in its sole and absolute discretion, deems Subscriber's and/or such Users' use thereof to be inconsistent with educational purposes, and/or inconsistent with these Terms of Use. Subscriber will comply and assure compliance by its employees, agents and the Users with these Terms of Use, the Connections Learning Privacy Policy and other applicable Connections Learning policies, as may be updated from time to time by Connections Learning in its sole discretion. The Privacy Policy and these Terms of Use are posted on Connection Learning’s website

Prohibited Uses. Subscriber will not, and will not permit Users, Subscriber's employees or agents or any third party to: (a) access the Content or LMS except in connection with use of the Curriculum, (b) use Content except in strict compliance with these Terms of Use, (c) copy, reproduce, modify, alter, transfer, transmit, perform, publish, display, sub-license, distribute, circulate provide access to, rent, or create Derivative Works from the Content or any portion thereof, (d) decompile, reverse engineer, disassemble, or otherwise determine or attempt to determine the source code (or the underlying ideas, algorithms, structure or organization) of the Content or LMS, (e) upload files that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the LMS, (f) take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the LMS's or Content's control or security systems, nor allow or assist a third party to do so, (g) use the Content in a manner that disparages the LMS Content, Connections Learning or its content providers, or in any manner that Connections Learning may, in its sole discretion, deem inappropriate or (h) disclose Log-In Information (as defined below) or permit access to the LMS and/or the Content by unauthorized persons using a User’s Log-In Information. Connections Learning may update the features and functions of the LMS from time to time. Connections Learning also reserves the right to add Content, withdraw Content, modify and/or to offer substitute Content, in its sole discretion.

LMS Availability and Support
Connections Learning does not guarantee availability of the LMS 24 hours per day, 7 days per week. Unless other support terms are specified by Connections Learning from time to time, Connections Learning agrees to provide LMS support during normal business hours Monday through Friday (9:00 a.m. to 6:00 p.m. ET), excepting holidays, solely to assist Subscriber. Connections Learning will respond to general support issues within 1 business day, after which they will be escalated as may be specified by Connections Learning from time to time. The contact for escalation of support issues will be as designated by Connections Learning. Subscriber will be responsible for supporting its Users unless otherwise agreed by Connections Learning.

Subscriber's Obligations
Equipment. Subscriber will be responsible for all the necessary computer hardware, software, modems, internet connections and other items that are needed for its Users to access the LMS and Content, and all costs associated with such access. The minimum specifications for the equipment needed to use the LMS and Content are set out on the Website at: http://kto8.com/images/uploads/files/Operating_Environments.pdf.

Curriculum Enrollment. Subscriber will provide to Connections Learning all required information in the format specified by Connections Learning in order to enroll students and set up accounts for Users.

Security and Use of Passwords. Each User will be given a username and password for the purpose of accessing the LMS and the Content (the "Log-In Information"). Subscriber and its Users must keep all Log-In Information strictly confidential, and all Log-In Information may be used only by the assigned User. Subscriber and its Users are responsible for maintaining the security and confidentiality of all Log-In Information, and for preventing access to the LMS and/or the Content by unauthorized persons using a User's Log-In Information. Unauthorized access to or use of the LMS and/or the Content by someone using a User's Log- In information may be attributed to such User.

Communications from Connections Learning
Connections Learning may periodically contact Users in connection with the services provided. By accessing the LMS and Content, Users consent to receive such communications. Subscriber will promptly provide Connections Learning with any and all information regarding its Users and/or use of the LMS and Content by its Users that Connections Learning reasonably requests. The Subscription Quote is subject to Connections Learning’s Standard Terms and Conditions, which are incorporated herein by reference and can be found at http://www.connectionslearning.com/connections-learning/terms.aspx , provided that all references to Connexus therein, shall mean the LMS and all references to CL shall mean Connections Learning. Capitalized terms set forth in the Subscription Quote and these Terms of Use, not otherwise defined herein shall have the meaning ascribed to them in the Standard Terms and Conditions. Once the Subscription Quote is executed by the parties, the Subscription Quote, these Terms of Use, including any subsequent amendments thereto, and the Standard Terms and Conditions together will comprise the agreement of the parties. The Subscription Quote and these Terms of Use shall be read so as to be compatible with the Standard Terms and Conditions. However, to the extent there is an irreconcilable conflict between the two, the provisions set forth in the Subscription Quote and these Terms of Use shall govern.