This Agreement includes the accompanying Terms and Conditions and contains, among other things, warranty disclaimers, liability limitations and use limitations. There will be no force or effect to any different terms or similar form even if signed by the parties after the date hereof. Each party’s acceptance of this Agreement was and is expressly conditional upon the other’s acceptance of the terms contained in this Agreement to the exclusion of all other terms.

<aside> 🚀 Agreement Terms and Conditions

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1.   CURRICULUM, VIRTUAL EDUCATION AND SUPPORT SERVICES

a.   Student instruction shall occur at the student’s home, under the supervision and coordination of the Parent (“Parent”) using the internet, and access to the Prisma curriculum, live virtual learning platform and support services. Parent acknowledges that Prisma is a US-based online private school. Any decisions to modify or selectively utilize the service and curriculum shall be at the discretion of and the sole responsibility of Parent.

b.   Subject to the terms and conditions of this Agreement, Prisma will provide Parent with access to the Services through the internet and through application programming interfaces (APIs) and/or other platforms operated or provided by third parties (“Third Party Services”). The Services are subject to modification from time to time at Prisma’s sole discretion. Prisma will use reasonable efforts to give Parent prior written notice of any such modification.

c.   Subject to the terms hereof, Prisma will provide reasonable support to Parent for the Services from Monday through Friday during Prisma’s normal business hours.

2.   RESTRICTIONS AND RESPONSIBILITIES

a.   Access to the Services may require the Parent to install certain software applications and utilize certain Third Party Services. Parent agrees to be bound by any End-User Agreements that govern the installation and use of such client software applications or Third Party Services platforms. Prisma is not responsible for the operation of any software applications or Third Party Services nor the availability or operation of the Services to the extent such availability and operation is dependent upon the software applications or Third Party Services. Parent is solely responsible for procuring any and all rights necessary to access the software applications and Third Party Services and for complying with any applicable terms or conditions thereof. Prisma does not make any representations or warranties with respect to any software applications, Third Party Services or third party providers. Any exchange of data or other interaction between Parent and third party provider is solely between Parent and such third party provider and is governed by such third party’s terms and conditions.

b.   Parent will cooperate with Prisma in connection with the performance of this Agreement by making available such information as may be reasonably required and taking such other actions as Prisma may reasonably request. Parent will also cooperate with Prisma in establishing a password or other procedures for verifying that only the Parent and, as applicable, the student, have access to the Services.

c.   Parents will be responsible for all matters relating to this Agreement (“Primary Contact”). Parent may change the individual designated as Primary Contact at any time by providing written notice to Prisma.

d.   Parent represents and warrants that they have the full right and authority to enter into this Agreement and use the Services, Curriculum and Software as contemplated hereunder. Parent is solely responsible for complying with any applicable national, state or local school district requirements related to online private school and/or homeschool attendance and instruction and the use of Prisma Learning curriculum resources and services for that purpose. PARENT REPRESENTS AND WARRANTS THAT IT MEETS ALL REQUIREMENTS OF PRIVATE SCHOOL ONLINE EDUCATION, INCLUDING, WITHOUT LIMITATION, BY COMPLETING ALL FILINGS AND COMPLYING WITH ALL REQUIREMENTS APPLICABLE PER NATIONAL, STATE OR LOCAL LAW WHERE THE STUDENT’S EDUCATION IS GOVERNED. You may reside in a country US state where K-12 students who attend online private schools are classified as home schooled (such as MA, MD, NY, and possibly others); are required to complete state-specific standardized testing; or are held to other requirements specific to private school and/or online students. It is the sole responsibility of Parent to investigate and comply with any such requirements, these and otherwise. Parent is solely responsible for compliance with all K-12 education regulations that apply to their child, including for meeting any additional requirements beyond those which Prisma fulfills, both in the US and internationally. All registration, recordkeeping or other requirements are the sole responsibility of Parent. (E.g. Your state may require more seat time than Prisma provides—Prisma complies with Florida private school seat time requirements. If your state requires additional seat time, you are responsible for making sure that your child meets the requirements of your state.)

e.   Parent hereby agrees to indemnify and hold Prisma harmless against any damages, losses, liabilities, settlements and expenses (including, without limitation, costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of this Agreement or otherwise from Parent’s use of Services.

f.   Parent hereby agrees that both they, and their student(s), will engage collaboratively with Prisma, and other participating students and families, as applicable, to create a fair, equitable and respectful learning environment. Although Prisma has no obligation to monitor the student or Parent’s use of the Services, Prisma may do so, and, Prisma reserves the right to remove any content or prohibit or limit any use of the Services if it believes any Parent or student has (or is alleged to have) acted in violation of Prisma’s expectations regarding respectful behavior and communications.

g.   Parent will be responsible for creating accounts to access Services and for maintaining the security of accounts, user passwords and files, and for all uses of Parent accounts with or without Parent’s knowledge or consent.

h.   Parent acknowledges and agrees that as between the parties, Parent is fully and solely responsible at all times for ensuring the health and safety of their student(s).

i.   To protect the privacy and security of all Prisma learners, all parties who have access to Prisma’s online education platform, Parent and Learner included, agree NOT to record, copy, download, broadcast, or disseminate in any format any image, video, voice recording, or Prisma-related work of any kind associated with other Prisma learner(s) without the express written consent of each involved learner’s legal guardian(s). Both Parties agree to be bound by the Terms of Service and Privacy Policy (https://www.joinprisma.com/legal/privacy). Prisma agrees that it will collect, maintain and secure student information only as required to effectuate the Services offered under this Agreement and pursuant to applicable laws and Prisma’s Privacy Policy. Specifically, but without limitation, Prisma will not use the data collected pursuant to the delivery of its Services for any marketing purpose, including, without limitation, to send marketing text messages, and will comply with the notice, “opt out” and other provisions of applicable law.

3.   INTELLECTUAL PROPERTY OWNERSHIP RIGHTS

a.   Except as expressly set forth herein, Prisma alone (and its licensors, where applicable) will retain all intellectual property rights relating to the Curriculum, Services and the Software or any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Parent or any third party relating to the Service, Curriculum and/or the Software, which are assigned to and are the sole property of Prisma. Parent will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under this Agreement. This Agreement is not a sale and does not convey to Parent any rights of ownership in or related to the Service, Curriculum or Software or any intellectual property rights.

4.   PAYMENT OF FEES