Terms & Conditions
Flourish may comprise of one or more software applications, services or products as appropriate to your experience. Fundamentally, Flourish is a digital learning portal that provides a customized interactive, on-line tool designed to assist schools, administrators, teachers and students by enhancing their teaching and learning experiences. The components of Flourish and therefore your educational experience will be customized to suit your particular educational needs depending upon the level of service, products or inputs agreed by your school and Kendall Hunt.
Your rights and duration of access ("Account") to the curriculum materials in Flourish are pre-determined by arrangement with your school and will expire automatically according to the pre-determined arrangement with your school without any further notice to you. Additionally, if you withdraw for any reason from a course or program that is utilizing Flourish, your account and access will be terminated automatically. Furthermore, your account and access to Flourish may be terminated at the discretion of your school, school administrator or Kendall Hunt with or without notice. If your access is terminated for any reason, there shall be no refunds. However, if you take the course or program at a later date, please contact your school or course/ program coordinator about Account reinstatement policies and procedures.
You agree to provide Kendall Hunt as the provider of Flourish with true, accurate, correct and complete registration information as prompted by the registration. You must promptly update the registration information to keep it true, accurate, correct and complete. Any information you provide that is untrue, inaccurate, not correct, or incomplete, or if Kendall Hunt has reasonable grounds to suspect such information is untrue, inaccurate, not correct or incomplete, then your account may be suspended or terminated by Kendall Hunt without notice.
3.2 Account, Password and Security
A password and account number will be issued to you upon the completion of your registering with Flourish giving you access to the available resources selected by your school. The responsibility for maintaining the confidentiality of the password and account is yours, and you are fully responsible for all activities, charges and liabilities associated with your account. If any unauthorized use of your account or password occurs, you must immediately notify your school or course/ program coordinator. You are responsible for any unauthorized charges made on your account until Kendall Hunt has received such notification. You are not permitted to transfer or assign this account to another person. If you have authorized or registered another individual to use your account, you are solely responsible for the online conduct of that individual, controlling that individual's access to and use of this website, and any liability as a result of such misuse.
Kendall Hunt as the provider of Flourish may use your registration information to contact you, assist you or facilitate communication with other users. Additionally, your information may be accessed by authorized staff or administrators at your school. Disclosure of your registration information is governed by Kendall Hunt's Privacy Statement found here.
4. User Conduct
You agree that you will not use this website to:
- Commit or cause to be committed any criminal offense or encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, federal or international law or regulation;
- Upload, post, e-mail or otherwise transmit any content that is unlawful, libelous, defamatory, harassing, abusive, invasive of another's privacy, infringes upon the rights of third parties, harmful, tortious, or obscene;
- Harm any minors in any way;
- Upload, post, e-mail or otherwise transmit any material, information or content that you do not have a right to transmit under law or contractual relationship;
- Upload, post, email or otherwise transmit any material, information or content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any other individual, party or entity;
- Disguise the origin of the material, information or content by omitting or obscuring copyright or authorship, or by forging headers or otherwise manipulating identifiers;
- Upload, post, e-mail or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation, such as "junk mail", "spam", "chain letters", or "pyramid schemes";
- Alter, damage, or delete any material, information or content or communication that is not yours or to interfere with the ability of others to have access or use of this website;
- Upload, post, e-mail or otherwise transmit any material, information or content that contains a software virus or any other computer code, file or program that would interfere with the functionality of any computer software, hardware or telecommunication equipment;
- Disrupt the normal communication or otherwise act in such a way that would negatively impact other users' ability to engage in real-time exchanges;
- Impersonate or claim a relationship with or speak for any individual, business, association, institution, or other organization, including, but not limited to Kendall Hunt for which you have no authorization to do so or to claim such a relationship;
- Interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies, or regulations of networks connected to the services and/or this website;
- Collect or store personal data about other users;
- Stalk or otherwise harass any individual; or
- Cause to be reproduced, duplicated, copied, used, distributed, sold, resold, or otherwise exploit in any manner for commercial use or purposes, any aspect of Flourish or any resources found therein or any of the associated software, services or products related thereto.
5. Content of Users
Any material, information or content that is uploaded by you or is otherwise made available by you to Flourish is and remains your sole property or that of your licensors. You automatically grant and/or warrant upon your uploading or making available of such material, information or content that the owner of such material, information or content has granted Kendall Hunt a perpetual, royalty free, non-exclusive right and license to use, reproduce, modify, publish, distribute, display, perform and transmit the information or content through Flourish.
You further warrant that all such materials do not infringe upon any copyright, violate any property rights or contain scandalous, libelous, or unlawful matter. In the event of a claim, demand or suit against Kendall Hunt by reason of any violation of proprietary rights or copyrights, or by reason of any libelous, unlawful or otherwise injurious material uploaded, posted, e-mailed or otherwise transmitted via Flourish, you agree that Kendall Hunt may take any action it deems appropriate for the resolution of such dispute. Further, you agree to indemnify and hold harmless Kendall Hunt for expenses incurred in the defense of such claim, demand, or suit including reasonable attorney's fees, and for any recovery finally obtained by the claimant as a result thereof.
6. Administrators, Teachers, Educators, Authors, and Coordinators as Users
All Administrators, Teachers, Educators, Authors and Coordinators that use Flourish or any resources therein agree, when and where applicable, to create and to provide to the Kendall Hunt all text and artwork in such a format that is compatible with Flourish. The functional capabilities of Flourish, if any, are those that have been agreed to between the school and Kendall Hunt. You, as an Administrator, Teacher, Educator, Author or Coordinator providing content for, on or through Flourish, warrant that you are the sole and exclusive owner of all materials uploaded, posted or otherwise transmitted on Flourish and of the rights that have been granted to Kendall Hunt. You further warrant that such materials do not infringe upon any copyright, violate any property rights or contain scandalous, libelous, or unlawful matter. In the event of a claim, demand or suit against Kendall Hunt by reason of any violation of proprietary rights or copyrights, or by reason of any libelous, unlawful or otherwise injurious material uploaded, posted, e-mailed or otherwise transmitted via this website, you agree that Kendall Hunt may take any action it deems appropriate for the resolution of such dispute. Further, you agree to indemnify and hold harmless Kendall Hunt for expenses incurred in the defense of such claim, demand, or suit including attorney's fees, and for any recovery finally obtained by the claimant as a result thereof.
Each Administrator, Teacher, Educator, Instructor and Author is responsible for the monitoring of the users, content, and "chat rooms," if any, that are used on Flourish. Kendall Hunt does not provide any such monitoring. Each Administrator, Teacher, Educator, Instructor and Author must grant permission to a user to post information, content, or material on Flourish and assumes all liabilities that may arise as a result of either granting, or failing to grant, such permission.
All other terms and conditions agreed to for use of Flourish between the school and Kendall Hunt are to be given full effect.
7. Indemnification by Users
You acknowledge that, except for original work authored by you, Flourish and any related software, services, products or resources, if any, that are used in connection with Flourish, and any and all software, material, information, texts, animations, photos, data, graphics, links, communications and any other material or content that is available within or through Flourish are the copyrighted works of Kendall Hunt or its Licensors. Your posting or transmission to or through Flourish of original work authored by you shall constitute a grant of a perpetual, non-exclusive, royalty-free license to Kendall Hunt and its internet service provider to use, reproduce, and distribute such work in all media in connection with Flourish.
Except for original work authored by you, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit, any part of the material, information or services, in whole or in part, of Flourish unless expressly authorized by Kendall Hunt and/or the owner of such content.
It is permissible for you to print or download a reasonable number of copies of material and information from this course website for personal and noncommercial use only. However, such permitted printed or downloaded copy must contain, in an unmodified form, the copyright or other proprietary rights notice contained in the material or information and an original source attribution to Flourish and Kendall Hunt, and must contain no modifications unless expressly permitted by Kendall Hunt. Kendall Hunt or its Licensors shall remain the owner at all times of the material, information and/or content and you do not acquire any intellectual property rights in such by printing or downloading such material, information, or content.
9. Trademark Notice
"Kendall Hunt Publishing Company", "Kendall Hunt", "Flourish,", and the unique trade dress of Kendall Hunt and Flourish are the trademarks, services marks, trade dress or logos of Kendall Hunt. All other trademarks, service marks, trade dress, and logos used in Flourish, including those of the school, are the trademarks, service marks, trade dress, and logos of their respective owners.
10. Suspension or Termination of Access
Other World Wide Web sites and their resources posted, created and owned by other independent owners may be accessible via Flourish. Because Kendall Hunt has no control over such sites and resources, it is acknowledged and agreed by you that Kendall Hunt is not responsible or liable for any content, material, information, advertising, or products on or available from such sites or resources. Further, you acknowledge and agree that Kendall Hunt shall not be liable or responsible, 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 material, information, content, goods, or services available on or through any such site or resource. The inclusion of these links does not imply that these other sites have been given permission for inclusion of these links or that any relationship of any type exist between Flourish, Kendall Hunt and the site that has been linked.
12. Interruption or Modification to Services
The school and Kendall Hunt reserve the right to modify or discontinue, temporarily or permanently, in whole or in part, Flourish and the services provided with or without notice, and you agree that no liability shall extend to Kendall Hunt or to third parties as a result thereof. The school, Kendall/Hunt Publishing Company has made every effort to ensure that Flourish and its related resources provided function appropriately for their intended use. However, such complex systems do have occasional glitches. You acknowledge and agree that this website and the services provided are subject to occasional technical problems and to periodic and unscheduled suspension for maintenance, upgrades, enhancements, and at times interruptions in service beyond Kendall Hunt's control. You agree to indemnify and hold harmless the school, Kendall Hunt from any claims, damages, demands, or loss incurred by you on account of such suspensions, interruptions or functional deficiencies in service, including, but not limited to server down time that may prevent you from timely completing an assignment as required.
13. Conducting Business
Any correspondence or business dealing you may have with an individual or business entity found on or through Flourish, including payment and delivery of related goods or services, as well as any other terms, conditions, warranties or representations associated with such correspondence or business dealings, are only between you and such other business individual or entity. It is acknowledged and agreed by you that Kendall Hunt is not responsible or liable for any loss or damage of any kind incurred as the result of any such correspondence or business dealings or as the result of the presence of such business opportunities on this website or linked to this course website. You further agree that any correspondence or business dealing is done at your own risk.
14. Disclaimer of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
KENDALL HUNT AND ITS INTERNET SERVICE PROVIDER ARE NOT RESPONSIBLE FOR THE MATERIAL, INFORMATION OR CONTENT CONTAINED WITHIN FLOURISH AND NO REPRESENTATIONS ARE MADE AS TO THE SUITABILITY OF THE MATERIAL, INFORMATION OR CONTENT FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY QUALITY, STABILITY COMPLETENESS OR CURRENT STATUS.
THE USE OF FLOURISH IS AT YOUR OWN RISK AND IT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY KENDALL HUNT.
NEITHER KENDALL HUNT, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT:
THAT NO INTERRUPTION OF SERVICES WILL OCCUR;
THAT THE SERVICE WILL BE TIMELY, SECURE, OR ERROR-FREE;
THAT THE SERVICE WILL MEET THE REQUIREMENTS OF THE USER;
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FLOURISH AND ITS SERVICES WILL BE ACCURATE, RELIABLE, OR SUITABLE;
THE QUALITY OF ANY MATERIAL, INFORMATION, PRODUCT OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU VIA FLOURISH WILL MEET THE EXPECTATIONS OF THE USER OR PURCHASER; AND
THAT ANY ERRORS IN FLOURISH WILL BE CORRECTED.
ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF OR OTHERWISE OBTAINED MATERIAL THROUGH THE USE OF FLOURISH IS YOUR SOLE RESPONSIBILITY AND ANY SUCH DOWNLOAD IS DONE AT YOUR OWN RISK.
15. Liability Limitations
YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT IN NO EVENT WILL KENDALL HUNT OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF, NONUSE OF OR INABILITY TO ACCESS COMPLETELY FLOURISH OR ANY RELATED RESOURCES, INCLUDING WITHOUT LIMITATION:
THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM FLOURISH;
FOR COMPUTER DAMAGE, FAILURE OR MALFUNCTION;
DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURES, THEFT DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
ANY STATEMENT OR CONDUCT MADE BY A THIRD PARTY; AND
ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS, EITHER FEDERAL OR STATE, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND AS SUCH SOME OF THIS SECTION MAY NOT BE APPLICABLE TO YOU. IN SUCH JURISDICTIONS, KENDALL HUNT'S LIABILITY AS PROVIDER OF THIS WEBSITE IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Copyright © 2010. Kendall/Hunt Publishing Company