DASHK12 Terms and Conditions

Last Updated: March 18, 2025

Welcome to DASHK12. These terms and conditions outline the rules and regulations for the use of DASHK12's Website and Services.

DASHK12 is located at: 5900 Balcones Dr Suite 100, Austin, TX 78731.

By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use DASHK12's website if you do not accept all of the terms and conditions stated on this page.

1. Definitions

The following terminology applies to these Terms and Conditions, Privacy Statement, and Disclaimer Notice and any or all Agreements:

• "Client," "You," and "Your" refer to you, the person accessing this website and accepting the Company's terms and conditions.

• "The Company," "DASHK12, LLC," "Ourselves," "We," "Our," and "Us" refer to our Company.

• "Party," "Parties," or "Us" refer to both the Client and ourselves, or either the Client or ourselves.

• "Content" refers to all materials available on the Site, including but not limited to courses, digital products, text, graphics, images, videos, and audio.

• "Services" refers to all services provided by DASHK12, including but not limited to business services, digital products, and online courses.

All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of the provision of the Company's stated services/products, in accordance with and subject to, prevailing law of Texas.

2. License for Digital Products and Online Courses

2.1 Purchase License

When you purchase a digital product or enroll in an online course from DASHK12, we grant you a limited, non-exclusive, non-transferable license to access and use the purchased content for personal or internal business educational purposes only.

2.2 Restrictions

Unless otherwise stated, DASHK12 and/or its licensors own the intellectual property rights for all material on DASHK12. All intellectual property rights are reserved. You must not:

• Sell, rent, lease, sublicense, distribute, broadcast, or otherwise make the content available to any third party

• Modify, make derivative works of, disassemble, or reverse engineer any part of the content

• Use the content for any commercial purpose not expressly permitted by DASHK12

• Remove or alter any copyright, trademark, or other proprietary notices

• Transfer your access to the content to another person

• Reproduce, duplicate, or copy material from the website or courses

• Redistribute content from DASHK12 (unless content is specifically made for redistribution)

2.3 Course and Digital Product Access

Your access to online courses and digital products may be for a specified period or perpetual, depending on the specific offering. DASHK12 reserves the right to update or modify course content to improve the quality of offerings.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Site, including online courses and digital products, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. DASHK12 reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

3.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure. If you have reason to believe that your password has become known to someone else, or if the password is being, or is likely to be, used in an unauthorized manner, you should inform us immediately.

3.3 Account Security

You agree that if you provide any information that is untrue, inaccurate, not current, or incomplete, or DASHK12 has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, DASHK12 has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4. User Content

4.1 Content Submission

Users may have the opportunity to submit, post, upload, or otherwise make available content on the Site or within courses, including but not limited to text, photos, videos, reviews, comments, and other materials ("User Content"). You retain all rights in, and are solely responsible for, the User Content you post to the Site.

4.2 License Grant

By making any User Content available through the Site, you grant to DASHK12 a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Site and services to you and other users.

4.3 Prohibited Content

You agree not to post User Content that:

• Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

• Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

• Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware;

• Constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

• Impersonates any person or entity, including any DASHK12 employees or representatives.

DASHK12 reserves the right, but is not obligated, to monitor and edit or remove any User Content. DASHK12 takes no responsibility and assumes no liability for any User Content posted by you or any third party.

5. Payment Terms

5.1 Payment Methods

We accept payments via credit card, debit card, and other payment methods as specified on the Site through our payment processors, Stripe and PayPal. You represent and warrant that you have the legal right to use any payment method(s) you provide.

5.2 Pricing and Billing

All prices are shown in U.S. dollars unless specifically indicated otherwise. We reserve the right to adjust pricing for our products or services at any time. Any price changes will apply to charges occurring after the date of the change but will not affect existing purchases.

5.3 Failed Payments

In the event that we are unable to process your payment successfully, we may suspend or terminate your access to the paid service until the payment is properly processed. We are not responsible for any fees charged by your payment provider due to failed or declined payments.

5.4 Taxes

You are responsible for paying any applicable taxes, including sales or use tax, value added tax (VAT), or other governmental taxes or fees associated with your purchases. DASHK12 is not responsible for calculating, collecting, reporting, or remitting taxes to any tax authority except where legally required.

6. Refund Policy

At DASHK12, the resources you purchase are delivered electronically. Unlike a t-shirt or a book, you can't (really) return a PDF, Word Document, or other file after it's been downloaded or accessed. For that reason, all sales on DASHK12 of digital resources are considered final and nonrefundable.

We get though that things don't always go as planned and so we can offer refunds in a few limited circumstances. If you've never downloaded or digitally accessed the resource, or if your purchase falls into one of the following exceptions listed below, you may be eligible for a refund.

Refund requests must be submitted within one year of your purchase, and are granted on a case-by-case basis.

Compromised Resource File- A resource file is damaged or is missing content. Example: A thumbnail or preview is uploaded instead of the resource itself.

Misrepresentation- A resource preview and/or description misrepresents what is actually contained in the resource. (Requests are subject to DASHK12 review.) Example: A product description states there are 50 multiple choice questions in a resource but instead there are 50 true or false questions.

Technical Limitations— You are unable to access a resource because the technical requirements aren't included in the resource description. Example: A resource is a Notebook file but this is not listed anywhere on the product page.

Duplicate Purchase— You purchase the same resource twice in one DASHK12 account. Example: You purchase a resource contained in a specific bundle and then later purchase that bundle within one year of the original purchase.

File Access Status— You purchased a resource but never downloaded or accessed the files. (Verified by DASHK12). Example: You purchased a third grade resource over the summer (that you did not access) and find out you are teaching second grade next year.

If your purchase falls into one of these categories, you can submit a refund request here. Please be sure to include in your request: the resource name and your concerns, along with any specific examples or details you might have. Screenshots welcome!

Note: Refunds for purchases made through Stripe must be requested within 30 days of original purchase.

7. Online Course Specific Terms

7.1 Course Availability

We strive to provide continuous access to our online courses, but we do not guarantee that our courses or the Site will be available at all times. We reserve the right to suspend access to the Site or courses for maintenance, upgrades, or other reasons, with or without notice.

7.2 Course Completion

Course completion requirements, if any, will be specified in the course description. DASHK12 reserves the right to determine whether course requirements have been met.

7.3 Certification

If a course offers a certificate of completion, such certificate is awarded solely for completing the course requirements and does not constitute a professional certification or credential unless explicitly stated otherwise.

7.4 Course Updates

We may update, modify, or discontinue course content at our discretion. While we strive to provide notice of significant changes, we are not obligated to do so.

8. Termination

8.1 Termination by DASHK12

DASHK12 may, in its sole discretion, suspend or terminate your access to all or part of the Site, including any digital products or online courses, at any time, with or without notice to you and with or without cause. Reasons for termination may include, but are not limited to:

• Violations of these Terms or any other policy of DASHK12;

• Requests by law enforcement or government agencies;

• Discontinuance or material modification of the Site;

• Unexpected technical or security issues;

• Extended periods of inactivity;

• Engagement in fraudulent or illegal activities.

8.2 Termination by User

You may terminate your account at any time by contacting us at [your contact email]. Upon termination, your right to access and use the Site will immediately cease.

8.3 Effect of Termination

Upon termination of your account:

• You will no longer have access to the products, services, or courses you purchased, unless specified otherwise;

• Previously purchased digital resources that have been downloaded may continue to be used in accordance with these Terms;

• DASHK12 may delete or retain your account information and User Content in accordance with our Privacy Policy and applicable law;

• All licenses granted to you under these Terms will immediately cease.

Any provisions of these Terms which by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Cookies

We employ the use of cookies. By using DASHK12's website, you consent to the use of cookies in accordance with DASHK12's privacy policy. Most of the modern-day interactive websites use cookies to enable us to retrieve user details for each visit.

Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate/advertising partners may also use cookies.

10. Enhanced Limitation of Liability and Disclaimer

10.1 Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website, digital products, and online courses (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose, and/or the use of reasonable care and skill).

We do not guarantee that our educational content or resources will meet your specific needs or expectations. Educational materials are provided for informational purposes only and do not constitute professional advice.

10.2 Liability Cap

To the maximum extent permitted by applicable law, in no event shall DASHK12, its affiliates, officers, directors, employees, or agents be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the Site, digital products, or online courses.

DASHK12's total liability to you for any and all claims arising from or related to these Terms or your use of the Site shall not exceed the amount you paid to DASHK12 in the twelve (12) months preceding the event giving rise to the liability, or one hundred dollars ($100.00), whichever is greater.

10.3 Specific Exclusions

Without limiting the foregoing, DASHK12 shall have no liability for:

• Any loss or damage arising from your failure to comply with these Terms;

• Technical failures or unavailability of the Site, its systems, or telecommunications connectivity;

• Your failure to adequately back up content or data;

• Errors or inaccuracies in educational content or resources;

• Any unauthorized access to, use of, or alteration of your transmissions or content;

• Any interruption or cessation of transmission to or from the Site;

• The quality or results of educational materials or courses.

10.4 Limitations and Exclusions

Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury resulting from negligence.

• Limit or exclude our or your liability for fraud or fraudulent misrepresentation.

• Limit any of our or your liabilities in any way that is not permitted under applicable law.

• Or exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:

• Are subject to the preceding paragraph; and

• Govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities that arise in contract, tort (including negligence), and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law.

11.2 Jurisdiction

You agree that any action at law or in equity arising out of or relating to these Terms or the Site shall be filed only in the state or federal courts located in Travis County, Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

11.3 Arbitration

Any dispute arising under or related to these Terms (including the validity, interpretation, and enforcement of these Terms) shall be resolved by binding arbitration conducted by a single arbitrator, in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Austin, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction.

11.4 Class Action Waiver

You agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that you will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you act or propose to act in a representative capacity.

11.5 Time Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12. Changes to Terms

12.1 Updates to Terms

DASHK12 reserves the right, at our sole discretion, to modify or replace these Terms at any time. The most current version of these Terms will be posted on our Site with the "Last Updated" date at the top of the Terms.

12.2 Notification

If we make material changes to these Terms, we will notify you by email or by posting a notice on our Site prior to the effective date of the changes. If you continue to access or use our Site after those changes become effective, you agree to be bound by the revised Terms.

13. Third-Party Links and Content

13.1 External Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that DASHK12 is not responsible or liable for:

• The availability or accuracy of such websites or resources;

• The content, products, or services on or available from such websites or resources;

• Any damage or loss caused or alleged to be caused by or in connection with the use of any such content, products, or services available on such external websites or resources.

13.2 Third-Party Terms

Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

14. Communication Preferences

14.1 Electronic Communications

By creating an account and/or making a purchase from the Site, you acknowledge that you may receive communications from DASHK12, including but not limited to:

• Updates about your account or purchases;

• Legal notices and terms;

• Administrative messages;

• Marketing communications (if you have opted in).

14.2 Opt-Out Rights

You can opt out of marketing communications at any time by:

• Clicking the "unsubscribe" link at the bottom of marketing emails;

• Updating your account preferences on the Site;

• Contacting us directly with your request.

Even if you opt out of marketing communications, you may still receive administrative and transactional messages regarding your account, purchases, or courses.

15. Age Restrictions

15.1 Minimum Age

The Site and services are intended for users who are 18 years of age or older. By using the Site, you represent and warrant that you are at least 18 years old. If you are under 18 years old, you may only use the Site with the involvement and consent of a parent or guardian.

15.2 Children's Information

DASHK12 does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Site. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at [your contact email].

16. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

info@dashk12.com DASHK12, LLC 5900 Balcones Dr Suite 100 Austin, TX 78731