Agreement to Terms of service
Welcome to THE HEURISTIC ACADEMY. The following are the terms of use ("Terms" or "Terms of Use") that govern your use of the SITE and your use of third party sites that you access from the SITE. So long as (i) your child or a child for which you are the legal guardian ("Student(s)") is/are enrolled in a school that uses the THE HEURISTIC ACADEMY’s approved curriculum, By using the SITE, you expressly agree to be bound by these Terms and to follow all applicable laws and regulations governing the SITE. THE HEURISTIC ACADEMY reserves the right to change the Terms at any time without notice to you, effective immediately upon posting on the SITE. Please check this page periodically. In addition, when using the SITE, you shall be subject to any posted guidelines or rules applicable to each service offered within the SITE, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.
The Terms constitute a legal document that details your and your Student(s) rights and obligations as members ("Member") of the THE HEURISTIC ACADEMY Service, as described below. All Members must accept the Terms as a condition of membership to the THE HEURISTIC ACADEMY Service. When you accept the Terms and complete the registration process for the THE HEURISTIC ACADEMY Service, you become the "Member Account" holder.
For purposes of the Terms, "you" means the Member Account holder.
DESCRIPTION OF SERVICE
THE HEURISTIC ACADEMY provides you with access to a learning environment, a curriculum based on time-tested and research-based methods of instruction and community tools, including lessons, assessments, various communication tools, directories, clubs, event offerings and opportunities to communicate with other Member families (the "Service"). You also understand and agree that the Service may include certain communications from THE HEURISTIC ACADEMY such as service announcements, administrative messages, other membership messages and the THE HEURISTIC ACADEMY newsletter and that these communications are considered part of THE HEURISTIC ACADEMY membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new THE HEURISTIC ACADEMY properties, shall be subject to the Terms. You understand and agree that the Service is provided "AS-IS" and that THE HEURISTIC ACADEMY assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and all fees associated with such access. You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Bahamas or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (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 THE HEURISTIC ACADEMY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, THE HEURISTIC ACADEMY has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). THE HEURISTIC ACADEMY is concerned about the safety and privacy of all its users, particularly children. When you create a THE HEURISTIC ACADEMY Student Account and add your Student to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the THE HEURISTIC ACADEMY Student Account. Please remember that the Service is designed to appeal to users of the THE HEURISTIC ACADEMY® curriculum and those enrolled in a school using the THE HEURISTIC ACADEMY® curriculum. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas are appropriate for your child.
PARENTAL RESPONSIBILITY
As the parent or legal guardian of the Student(s), you always remain ultimately responsible for your Student(s)'s education. You agree to be responsible for your Student(s)'s education, including without limitation, where required or applicable, logging attendance, participating in parent/student conferences, and maintaining equipment and other materials provided by THE HEURISTIC ACADEMY.
PERMITTED USE
You understand and agree that you are not authorized to use the SITE or THE HEURISTIC ACADEMY-provided computers, materials or services for any purpose not expressly authorized herein. In particular, you agree that you may not use the SITE or THE HEURISTIC ACADEMY-provided computers, materials or services for the benefit of anyone other than your Student(s) and not for any other person or past the Use Period.
You understand online schools approved by THE HEURISTIC ACADEMY reserves the right to revoke access to their respective curriculum if they have reason to believe that their sites and curriculum Terms of Use have been or may be violated. These can be read of their websites. You will be fully liable for all costs or losses to THE HEURISTIC ACADEMY or the School related to your violation of these SITE Terms of Use. THE HEURISTIC ACADEMY may disclose user information about you if required by applicable law or by subpoena or court order.
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials ("Member Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Member Content originated. This means that you, and not THE HEURISTIC ACADEMY, are entirely responsible for all Member Content that you upload, post, email, transmit or otherwise make available via the Service. THE HEURISTIC ACADEMY does not control the Member Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Member Content. You understand that by using the Service, you may be exposed to Member Content that is offensive, indecent or objectionable. Under no circumstances will THE HEURISTIC ACADEMY be liable in any way for any Member Content, including, but not limited to, any errors or omissions in any Member Content, or for any loss or damage of any kind incurred as a result of the use of any Member Content posted, emailed, transmitted or otherwise made available via the Service.
By posting information in or otherwise using any interactive service that may be available to you on or through this Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content—including text, communications, software, images, sounds, data, or other information—that:
1. Could be harmful to minors;
2. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), uses vulgar language in the creation of a username, or otherwise violates THE HEURISTIC ACADEMY's Terms or policies or these Terms;
3. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, race, ethnicity, age, or disability;
4. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
5. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, solicits passwords or personally identifiable information, or any form of lottery or gambling, sweepstakes or advertising;
6. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
7. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
8. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by The Bahamas government as a foreign terrorist organization .
9. "Stalk" or otherwise harass another;
10. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
11. Impersonates any person or entity, including any employee or representative of THE HEURISTIC ACADEMY. You also agree that you will not harvest or collect information about the users or Members of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.
You further agree that you will not knowingly solicit or collect personal information from a minor (anyone under 18 years old) without appropriate prior verifiable parental consent. Personal information includes but is not limited to name, address, phone number, or name of their school.
THE HEURISTIC ACADEMY generally does not pre-screen, monitor, edit or remove Member Content. THE HEURISTIC ACADEMY and its agents, however, have the right (but not the obligation) at their sole discretion to pre-screen, monitor, edit or remove any Member Content that, in THE HEURISTIC ACADEMY's judgment, does not comply with these Terms or is otherwise harmful, objectionable, or inaccurate. THE HEURISTIC ACADEMY is not responsible for any failure or delay in removing such Member Content. You agree that you must evaluate, and bear all risks associated with, the use of any Member Content, including any reliance on the accuracy, completeness, or usefulness of such Member Content. In this regard, you acknowledge that you may not rely on any Member Content created by THE HEURISTIC ACADEMY or submitted to THE HEURISTIC ACADEMY.
You acknowledge, consent and agree that THE HEURISTIC ACADEMY may access, preserve, and disclose your account information and Member Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Member Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of THE HEURISTIC ACADEMY, their users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
THE HEURISTIC ACADEMY does not claim ownership of Member Content you submit or make available for inclusion on the Service. With respect to Member Content you submit or make available for inclusion on Member accessible areas of the Service, however, you grant THE HEURISTIC ACADEMY the following world-wide, perpetual, royalty free and non-exclusive license(s), as applicable:
By posting or submitting Member Content to this Site, you grant THE HEURISTIC ACADEMY and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose, only to the extent consistent with the Family Educational Rights and Privacy Act; and you warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by THE HEURISTIC ACADEMY will not infringe or violate the rights of any third party.
"Member accessible" areas of the Service are those areas of the THE HEURISTIC ACADEMY network of properties that are intended by THE HEURISTIC ACADEMY to be available to Members. By way of example, Member accessible areas of the Service would include THE HEURISTIC ACADEMY Discussion boards and portions of the THE HEURISTIC ACADEMY Community Chest.
MODIFICATIONS TO SERVICE
THE HEURISTIC ACADEMY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that THE HEURISTIC ACADEMY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
ASSET MONITORING
You understand and agree that for Student(s) enrolled in a school that uses the THE HEURISTIC ACADEMY® curriculum, THE HEURISTIC ACADEMY and the school requires the student provide their own computer available for use by the Student(s) during the Use Period.
FILTERING SOFTWARE
You understand and agree that for Student(s) enrolled in a school that uses the THE HEURISTIC ACADEMY® curriculum, federal, state and/or local law may require that the computer made available to the Student(s) be equipped with filtering software to restrict access to Internet sites containing child pornography, obscene depictions, or other materials harmful to minors under 18 years of age. The software will work by scanning for objectionable works or concepts, as determined by the default settings of the software manufacturer. However, no software is foolproof, and there is a risk an Internet user may be exposed to a site containing such materials. Parents are free to increase the filtering settings to be more stringent than the default settings if they so desire.
PROPRIETARY RIGHTS
You acknowledge and agree that all content, software, and materials available on the SITE are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by THE HEURISTIC ACADEMY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on the SITE on a single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrial of data or other content from the SITE to create or compile, directly or indirectly, a collection, compilation, database or directory without permission from THE HEURISTIC ACADEMY is prohibited. You further agree that upon completion of any THE HEURISTIC ACADEMY geometry course, you will delete any and all installed versions of The Geometer's Sketchpad software provided to you by THE HEURISTIC ACADEMY. In addition, use of the content or materials for any purpose not expressly permitted in these Terms is prohibited.
LINKING AND THIRD PARTY SITES
You may not link or deep-link to this Site or any content contained on it without THE HEURISTIC ACADEMY's prior written consent. This site may produce automated search results that reference or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of THE HEURISTIC ACADEMY, and you acknowledge that THE HEURISTIC ACADEMY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by THE HEURISTIC ACADEMY or any association with its operators, nor does THE HEURISTIC ACADEMY warrant that other sites will not contain viruses or otherwise affect your computer. For your protection THE HEURISTIC ACADEMY has installed filtering software described above, however, THE HEURISTIC ACADEMY does not warrant that objectionable websites will not be accessible even with the installation of the filtering software. The SITE and the Service may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You must read the terms of use agreements and privacy policies that apply to such third-party services and content. You agree that your access to the SITE and the Service also shall be subject to the usage terms set forth in the applicable third-party’s terms of service and privacy policies and that you agree to all of the terms of use and privacy policies that apply to the third-party services and content.
ACCESS AND INTERFERENCE
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of or others' use or enjoyment of, the SITE. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
INTERSTATE NATURE OF COMMUNICATIONS ON THE HEURISTIC ACADEMY NETWORK
When you register with the Service, you acknowledge that in using certain services to send electronic communications (including but not limited to email, search queries, sending messages to THE HEURISTIC ACADEMY discussion boards, uploading photos and files to THE HEURISTIC ACADEMY, and other Internet activities), you will be causing communications to be sent through THE HEURISTIC ACADEMY’s computer networks, which are located Virginia. As a result, and also as a result of THE HEURISTIC ACADEMY’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms, you acknowledge that use of the Service results in interstate data transmissions.
DISCLAIMERS OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE HEURISTIC ACADEMY, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT OR THAT IT WILL MEET YOUR NEEDS OR REQUIREMENTS; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE HEURISTIC ACADEMY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE HEURISTIC ACADEMY'S TERMS. BECAUSE SOME JURISIDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU EXCEPT THAT THE HEURISTIC ACADEMY'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE HEURISTIC ACADEMY, AND LICENSORS ("RELEASED PARTIES") SHALL NOT BE LIABILE FOR ANY DIRECT OR, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE HEURISTIC ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE THE HEURISTIC ACADEMY PRODUCTS, SERVICES OR THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (iv) ANY OTHER MATTER RELATING TO THE HEURISTIC ACADEMY'S PRODUCTS OR SERVICES OR THE SITE. SOME JURISDICTIONS DO NOT ALOW THE LIMITIATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES. SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU EXCEPT THAT THE HEURISTIC ACADEMY'S LIABLITY IN SUCH JURSIDCTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
RELEASE
YOU HEREBY RELEASE AND FOREVER DISCHARGE THE HEURISTIC ACADEMY, THE SCHOOL AND ANY CHARTERING DISTRICT OR OTHER CHARTERING AUTHORITY, THEIR OFFICERS AND DIRECTORS, AND THEIR EMPLOYEES, AGENTS, SUCESSORS AND ASSIGNS, ("RELEASED PARTIES"), FROM ALL ACTIONS, CAUSES OF ACTION, INJURIES, CLAIMS, DAMAGES, COSTS OR EXPENSES OF ANY KIND GROWING OUT OF OR RELATED TO YOUR OR YOUR STUDENT(S)' USE OF THE THE HEURISTIC ACADEMY® CURRICULUM OR SITE. YOU UNDERSTAND THAT THIS IS A FULL AND COMPLETE RELEASE TO THE MAXIMUM EXTENT ALLOWED BY LAW OF ALL CLAIMS AND DAMAGES WHICH YOU OR YOUR STUDENT(S) MAY HAVE AS A RESULT OF HIS OR HER USE OF THE THE HEURISTIC ACADEMY® CURRICULUM OR SITE REGARDLESS OF THE SPECIFIC CAUSE THEREOF.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY THE LIMITATIONS SET FORTH IN "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITIES" MAY NOT APPLY TO YOU.
CHOICE OF LAW AND FORUM
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law terms. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the SITE shall be filed only in the state or federal courts located in Fairfax County, Virginia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless THE HEURISTIC ACADEMY and its subsidiaries, related or affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site, including claims arising out Member Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms or your violations of any rights of another. THE HEURISTIC ACADEMY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with THE HEURISTIC ACADEMY in asserting any available defenses.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, these Terms along, with the Enrollment Form, and Primary Adult designation, (if applicable), constitute the entire agreement between you and THE HEURISTIC ACADEMY with respect to the SITE and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and THE HEURISTIC ACADEMY with respect to the SITE. If any part of these Terms are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
TERMINATION
You agree that THE HEURISTIC ACADEMY may, under certain circumstances and without prior notice, immediately suspend, terminate and/or delete your THE HEURISTIC ACADEMY account and access to the Service. Cause for such suspension, termination and/or deletion shall include, but not be limited to, (a) breaches or violations of the Terms, or of other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Service. Termination of your THE HEURISTIC ACADEMY account may include (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in THE HEURISTIC ACADEMY’s sole discretion and that THE HEURISTIC ACADEMYshall not be liable to you or any third party for any termination of your account, or access to the Service.
TRADEMARK INFORMATION
THE HEURISTIC ACADEMY is a pending registered company and the THE HEURISTIC ACADEMY logo, are pending trademarks of THE HEURISTIC ACADEMY Inc.
VIOLATIONS
Please report any violations to The Heuristic Academy team.