Hekko Terms of Use

Acceptance of Terms of Use
These Terms of Use govern your use of the Hekko Web site including all Hekko domains and subdomains. By using, visiting, or browsing the Hekko Web site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Hekko Web site.

Changes to Terms of Use
Hekko Corp. reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" hyperlink located at the bottom of the pages of the Hekko Web site. The most current version of the Terms of Use will supercede all previous versions. Your use of the Hekko Web site after changes are made means that you agree to be bound by such changes.

Privacy
Any information submitted on the Hekko Web site is subject to our Privacy Policy. Please review our Privacy Policy to understand our practices.

Billing
As a subscriber to Hekko, you agree that we are permitted to charge or debit, as applicable, your Payment Method a term subscription fee, any applicable tax, and any other charges you may incur in connection with your use of Hekko. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription period and on each renewal date thereafter unless and until you cancel. The renewal date will be the calendar day following the last day of the previously subscribed period. All fees and charges are nonrefundable. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will attempt to give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information.

Automatic Renewals
Your Hekko subscription will be automatically renewed. For your convenience, we will bill the subscription fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Your membership will automatically renew for successive subscriptions unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews in order to avoid billing of subscription fees to your Payment Method.

Cancellation
As noted above, you may cancel your subscription to Hekko at anytime. To cancel, please contact technical support. We do not provide refunds or credits for any partial subscription periods.

Account Access
In order to provide you with ease of access to your account, Hekko Corp. will place one or more cookies (a small text file) on any computer from which you access the Hekko Web site. When you revisit the Hekko web site, this cookie will assist us to recognize you as the account holder and provide you access to your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.

Disclaimers of Warranties and Limitations on Liability
The Hekko Web site and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the Hekko Web site or its contents. We assume no liability or responsibility for any errors or omissions in the content of the Hekko Web site, any failures, delays, or delivery of any content contained on the Hekko Web site, any losses or damages arising from the use of the content provided on the Hekko Web site, or any conduct by users of the Hekko Web site. We reserve the right to provide service in our sole discretion. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. In no event shall Hekko, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Intellectual Property Copyright
All content included on the Hekko Web site, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Hekko Corp. or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Hekko Corp. and protected by U.S. and international copyright laws. They should not be reproduced or used without express written permission from Hekko Corp.

Trademarks
Hekko is a registered trademark of Hekko Corp. Hekko.com, and other marks indicated on our site are trademarks of Hekko Corp. All Hekko graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Hekko Corp. Hekko's trademarks and trade dress may not be used in connection with any product or service that is not Hekko's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hekko. All other trademarks not owned by Hekko that appear on the Hekko Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hekko. Any images of persons or personalities contained on the Hekko Web site shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

Web Site Content
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Hekko Web site are those of the respective authors or producers and not of Hekko Corp. or its shareholders, directors, officers, or employees. Under no circumstances shall Hekko Corp. or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Hekko Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Hekko Web site. We permit you to post content on the Hekko Web site in accordance with the procedures established on the Hekko Web site and provided that the content is not illegal, obscene, threatening, defamatory or otherwise objectionable to us. In posting such content, you agree not to use a false e-mail address or otherwise mislead us or others regarding the origin of such content. We do not regularly review the content posted on the Hekko Web site; however, we reserve the right to remove or edit such content at anytime without notice.

Use of Information Submitted
Hekko Corp. is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to Hekko, including but not limited to, without limitation, responses to questionnaires or through postings to the Hekko Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Hekko Web site or other Web sites. Furthermore, by posting any information on our site, submitting suggestions or other comments, or in responding to questionnaires or surveys, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information.

Your Conduct on the Hekko Web Site
By accessing the Hekko Web site, you agree not to upload, post, email or otherwise send or transmit any material that 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 or telecommunications equipment associated with the Hekko Web site. You also agree not to interfere with the servers or networks connected to the Hekko Web site or to violate any of the procedures, policies or regulations of networks connected to the Hekko Web site, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Hekko Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the Hekko Web site for any unlawful purpose.

Limitations on Use
To be eligible for the Hekko Learning System "Free to Schools" program, the following conditions must be met:

• Your school must be a state recognized and accredited institution
• Your school must have a permanent enrollment of ten (10) or more students
• Your school must be maintained at physical building with a verifiable United States mailing address
• The enrolled students must attend class at the physical building at least 4 out of 7 days of the week
• The enrolled students must attend class at the physical building each day classes are in session for at least 5 hours per day
• Classes must be in session at the physical building at least 160 days of the year.
• You may also contact Hekko to request an exception to one or more of the above conditions.

Unless otherwise specified, the content on the Hekko Web site is for non-commercial use and we grant you a limited license to access the Hekko Web site for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Hekko Web site without our express written consent. Any unauthorized use of the Hekko Web site or its contents will terminate the limited license granted by us. At the sole discretion of the Hekko Corporation, the Hekko Corporation reserves the right to temporarily or permantently suspend any or all of the above requirements.

Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Right to Prosecute
By choosing to create a Hekko Teacher Account you are representing the information entered while creating your Hekko Teacher Account is accurate and factual. The information within your account is subject to an audit at anytime. The Hekko Corporation reserves the right to suspend or terminate any account at anytime for any reason. Additionally, the Hekko Corporation reserves the right to prosecute to the fullest extent of the law any perceived or real attempt to commit fraudulent behavior or misrepresentation, or act thereof.

Links
Some of the hyperlinks on the Hekko Web site may lead to other Web sites that are not controlled by, or affiliated with, Hekko Corp. In addition, other Web sites may link to the Hekko Web site. Hekko has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites. v1.02