AGREEMENT TO TERMS
These Terms of Use (these “Terms of Use” or this “Agreement”) govern Your use of the AchievePoint Virtual Academy – South District, Inc. and its subsidiaries and affiliates (including but not limited to, The American Academy, the Connect! Platform, and the Navia Enrollment Portal (“Navia”)) (“AchievePoint Virtual Academy – South District,” “APVA – SD,” “we,” or “us”) websites available at https://achievepointsouthdistrict.org/ and any affiliate or derivative websites, portals, applications, or platforms operated by AchievePoint Virtual Academy – South District (collectively, the “Site”). So long as You, Your child, or a child for which You are the legal guardian is/are enrolled in a program that uses the APVA – SD curriculum or technology, or uses Navia for inquiry, application, eligibility review, enrollment, or related administrative processes, APVA – SD will grant access to and allow the use of the Site on behalf of Your Student(s) for purposes of providing educational and related services to You and Your Student(s). For purposes of this Agreement, the terms “You,” “Your,” and “Student” mean and refer to the person using the Site or the legal guardian of such person. By using the Site, You expressly acknowledge that You have read, understood, and agreed to be bound by these Terms of Use and any modifications that may be made to these Terms of Use from time to time. If You do not agree to these Terms, You should not use the Site. APVA – SD may revise these Terms of Use from time to time. If we make material changes, we will post the updated Terms on the Site and update the effective date. Unless otherwise stated, changes will become effective when posted. Your continued use of the Site after the effective date of any updated Terms constitutes Your acceptance of the revised Terms. It is Your responsibility to check this page periodically to ensure You are complying with the most recent version of these Terms of Use. In addition, when using the Site, You are required to comply with any 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 these Terms of Use.
These Terms of Use constitute a binding legal agreement between You and APVA – SD, which details Your and the Student(s) rights and obligations as users (“User(s)”) of the APVA – SD Services available or provided through the Site (the “Services”). Please read these Terms of Use carefully before accessing or using the Site. All Users must accept these Terms of Use as a condition of using the Services. When You accept the Terms of Use and complete the registration process for the Services, You become a “Registered User” of the Site.
DESCRIPTION OF SERVICE
You understand and agree that the Site and the Services are provided “AS-IS.” APVA – SD makes no representations or warranties of any kind with respect to the Site or the Services or any contents therein. APVA – SD assumes no liability or responsibility for any errors or omissions in providing the Services or the Site, any losses or damages arising from the use of the Site or the Services, or any conduct by users of the Site. APVA – SD assumes no liability or responsibility for the timeliness, accuracy, or reliability of the Services, deletion, incorrect delivery, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Services and for the payment of all fees associated with such access. You are also responsible for any fees associated with the display or delivery of advertisements. In addition, You must provide and are responsible for all equipment necessary to access the Site and Services.
The Services may include tools and features used to support inquiries, application submission, enrollment, eligibility review, communications, educational delivery, account management, and related administrative or support functions, including through Navia.
APVA – SD may use automated decision-making tools, including artificial intelligence (“AI”) assisted tools, in connection with certain Services, including through Navia, to support enrollment workflows, guide users through forms or processes, identify incomplete or inconsistent information, improve operational efficiency, and enhance user experience. Such tools are intended to assist APVA – SD personnel and users and do not replace human review where required by APVA – SD policy, contractual obligations, or applicable law. Final decisions regarding enrollment, eligibility, admissions, or program placement remain subject to review and determination by APVA – SD personnel and/or applicable partner institutions. Use of Navia or any other Service does not guarantee inquiry response, eligibility, admission, enrollment, transferability of credits, financial aid, program placement, or any other outcome. AchievePoint Virtual Academy – South District and applicable partner institutions may require additional information, documentation, verification, or manual review at any time.
YOUR REGISTRATION OBLIGATIONS
You agree to: (a) provide true, accurate, current, and complete information 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 APVA – SD has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, APVA – SD has the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof). Data You provide and certain other information about You received from third parties, and affiliates such as schools, school districts, and other agencies with which we work, is subject to our Privacy Policy. You may find additional information regarding our Privacy Policy at www.achievepointsouthdistrict.org/privacy-policy.
Without limiting the foregoing, if You use Navia, You agree that information submitted through Navia for inquiry, application, enrollment, eligibility determination, or related processes must be truthful, complete, and submitted only by You or by a person authorized to act on behalf of the applicant or Student. You are solely responsible for the accuracy, completeness, authenticity, and timeliness of all information and documents submitted through the Site, including through Navia. AchievePoint Virtual Academy – South District may request supplemental information or documentation, conduct manual review, and suspend or reject submissions that appear inaccurate, incomplete, inconsistent, fraudulent, unauthorized, or otherwise noncompliant.
PERMITTED USE
You understand and agree that You are not authorized to use the Site for any purpose not expressly authorized herein. In particular, You agree that You may not use the Site for the benefit of anyone other than Your Student(s) and not for any other person. You will not use the Site for any unlawful purpose. You understand and agree that APVA – SD may discontinue or change the Site at any time, without notice. You understand APVA – SD reserves the right to revoke access without notice to the Site if APVA – SD has reason to believe that these Terms of Use have been or may be violated. You will not upload files, or cause users to upload files, that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site or any other user’s experience on the Site. You will be fully liable for all costs or losses to APVA – SD or APVA – SD’s affiliates related to Your violation of these Terms of Use. APVA – SD may disclose user information about You if required by applicable law, by subpoena, or court order.
You further agree not to use the Site, including Navia or any AI-assisted functionality made available through the Site, to submit false, misleading, or unauthorized information; to attempt to manipulate or circumvent eligibility, admissions, enrollment, or other administrative processes; to probe, test, reverse engineer, copy, scrape, extract, or otherwise exploit any automated decision-support, workflow, or AI-related functionality; or to use the Site or Services to develop, train, improve, benchmark, or support any competing product or service.
You further agree not to impersonate another person, misrepresent Your identity, authority, relationship to an applicant or Student, or submit documents or information that You do not have the legal right to provide. You also agree not to interfere with, disrupt, overload, or degrade any AI-assisted, verification, messaging, or application workflow made available through the Site.
REGISTERED USERS, PASSWORDS, AND SECURITY
You will receive a password and account designation upon completing the APVA – SD registration process and becoming a Registered User. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to: (a) immediately notify APVA – SD of any unauthorized use of Your password or account, and (b) exit from Your account at the end of each session. APVA – SD is not liable for any loss or damage arising from Your failure to comply with this Section. You are responsible for maintaining current contact information associated with Your account and for ensuring that only authorized persons access the Site using Your credentials. You may not share login credentials except with an authorized parent, guardian, or other person expressly permitted by AchievePoint Virtual Academy – South District.
MODIFICATIONS TO SERVICE
APVA – SD reserves the right at any time and from time to time to modify or discontinue, temporarily, or permanently, the Services (or any part thereof) with or without notice. You agree that APVA – SD shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services.
COMMUNICATIONS AND ACCOUNT NOTICES
By creating an account, submitting an inquiry, beginning an application, or using Navia or other Services, You agree that AchievePoint Virtual Academy – South District and its service providers may send You transactional or relationship messages by email, telephone, or text message regarding Your account, inquiry, application status, incomplete submissions, eligibility review, enrollment steps, security alerts, support matters, and related administrative communications, subject to applicable law. Consent to receive transactional communications is not a condition of purchasing any goods or services. Marketing communications, if any, remain subject to applicable consent and opt-out requirements and any separate mobile terms.
FILTERING SOFTWARE
You understand and agree that for Student(s) enrolled in a school that uses the APVA – SD technology and 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. As a legal guardian, it is Your responsibility to install and maintain this software as required to meet federal, state, and/or local laws.
PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY
You acknowledge and agree that all technology, ideas, concepts, graphics, content, software, and materials available on the Site (“Content”) are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by APVA – SD, You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, broadcast, circulate, publicly display, publicly perform, publish, adapt, edit, translate, 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 retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without permission from APVA – SD is prohibited. You may not post any Content from the website to forums, newsgroups, mail lists, electronic bulletin boards, or other websites without the prior written consent of APVA – SD. You further agree not to reverse engineer any aspect of the Services or the Site, nor to use Your access to the Content, the Services, or the Site to build or create a competitive product or service, or to create any product or service using ideas, features, or functions similar to any aspect of the Content, Site, or the Services. In addition, use of the Content for any purpose not expressly permitted in these Terms is prohibited.
Without limiting the foregoing, any AI-assisted tools, models, prompts, workflows, outputs, interfaces, decision-support logic, or related functionality made available through the Site are part of the Services and/or Content and are protected to the maximum extent permitted by law. Except as expressly permitted through normal use of the Services, You may not copy, reproduce, scrape, extract, benchmark, test, train on, republish, sell, sublicense, or otherwise use such functionality or any outputs from such functionality to develop, improve, benchmark, or support any product or service except as expressly authorized by APVA – SD in writing.
VERIFICATION AND REVIEW
AchievePoint Virtual Academy – South District reserves the right to review, verify, request clarification regarding, or reject any information or documents submitted through the Site. AchievePoint Virtual Academy – South District may delay, suspend, or deny access to any portion of the Services where it reasonably suspects fraud, impersonation, abuse, security risk, technical misuse, inaccurate submissions, or other conduct inconsistent with these Terms, partner requirements, or applicable law.
LINKING AND THIRD PARTY SITES
You may not link or deep-link to this Site or any content contained on it without APVA – SD’s prior written consent. The Site may produce automated search results that reference or otherwise link 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 APVA – SD, and You acknowledge that APVA – SD 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 APVA – SD or any association with its operators, nor does APVA – SD warrant that other sites will be free from viruses or other damaging content or materials. APVA – SD does not warrant that objectionable websites will not be accessible, including where filtering software has been installed. You agree that APVA – SD is not liable for any loss or damage of any sort incurred as a result of any such dealings with any linked site, merchant, or operator of the linked site.
The Site, including Navia and certain Services, may rely on third-party hosting, communications, analytics, form processing, verification, identity, or AI-enabled service providers. Your use of the Site may therefore involve interaction with services operated on behalf of APVA – SD by such providers. APVA – SD is not responsible for third-party sites that are not under its control, except as otherwise required by applicable law or contract.
COPYRIGHT INFRINGEMENT – DIGITAL MILLENNIUM COPYRIGHT ACT
APVA – SD respects the intellectual property of others. APVA – SD may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyright or intellectual property rights of others. If You believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, You may notify us by providing our copyright agent the information required by the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512. Our agent for notice of claims of copyright infringement on or regarding this website can be reached as follows:
AchievePoint Virtual Academy – South District
1100 N Main St.
Kissimmee, FL 34741
Phone: 833.200.9696
NOTICE OF INFRINGING MATERIAL
Please provide a notification containing the following details:
- Reasonably sufficient details to enable us to identify the work claimed to be infringed (for example: title, author, any registration or tracking number, URL);
- Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example, a link to the page that contains the material);
- Your contact information so that we can contact You (for example, Your address, telephone number, e-mail address);
- A statement that You have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that You are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed;
- Your physical or electronic signature.
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.
You further agree not to access or use any robot, spider, scraper, crawler, data mining tool, automated extraction tool, or similar mechanism with respect to the Site, including Navia or any AI-assisted features, except as expressly authorized in writing by APVA – SD.
INTERSTATE NATURE OF COMMUNICATIONS ON THE APVA – SD NETWORK
When You register on the Site, You acknowledge that in using certain services to send electronic communications (including but not limited to email, search queries, sending messages to APVA – SD’s discussion boards, uploading photos and files to APVA – SD, and other Internet activities), You will be causing communications to be sent through APVA – SD’s computer networks. As a result, and also as a result of APVA – SD’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.
U.S. EXPORT CONTROLS
Software from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country or territory subject to comprehensive U.S. economic sanctions or embargoes as maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC);; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site and Services, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
DISCLAIMERS OF WARRANTIES
The Site includes facts, views, opinions, and recommendations of consultants, individuals,s and organizations not under the direct control of APVA – SD. APVA – SD and its Content licensors do not guarantee or warrant the accuracy, completeness, or timeliness of, or otherwise endorse, these views, opinions, and recommendations. Due to the number of sources from which the Content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such Content and the Site.
Without limiting the foregoing, any responses, suggestions, summaries, prompts, recommendations, workflow assistance, or other outputs generated by AI-assisted tools made available through the Site are provided for informational and administrative support purposes only and may contain errors, omissions, or inaccuracies. You are responsible for reviewing information submitted through the Site and confirming its accuracy before relying on it or submitting it to APVA – SD or any partner institution.
The Services do not provide legal, financial aid, admissions, academic, or other professional advice. Any information or assistance provided through the Site, including through AI-assisted tools, is offered for general informational or administrative support only and should be reviewed independently by You and, where appropriate, by the applicable school, district, or institution.
LIMITATION OF WARRANTIES
YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE 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. APVA – SD, 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 APVA – SD OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, CERTAIN EXCLUSIONS MAY NOT APPLY TO YOU, EXCEPT THAT APVA – SD’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY TO THE EXTENT SUCH EXCLUSION OR LIMITATIONS IS PROHIBITED BY APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, APVA – SD MAKES NO REPRESENTATION OR WARRANTY THAT ANY AI-ASSISTED FEATURE OR OUTPUT AVAILABLE THROUGH THE SITE WILL BE ERROR-FREE, COMPLETE, AVAILABLE, SUITABLE FOR ANY PARTICULAR PURPOSE, OR FREE FROM BIAS, INTERRUPTION, OR INACCURACY.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT APVA – SD, APVA – SD’S SUBSIDIARIES, RELATED OR AFFILIATED COMPANIES, AND LICENSORS (“RELEASED PARTIES”) SHALL NOT BE LIABLE 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 RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE, SERVICES OR CONTENT; (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 SITE, SERVICES OR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU, EXCEPT THAT APVA – SD’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. APVA – SD’S TOTAL LIABILITY RELATED TO USE OF THE SITE, SERVICES, OR CONTENT SHALL NOT EXCEED THE AMOUNT OF MONEY COLLECTED BY APVA – SD RELATED TO YOUR USE OF THE SITE OR RECEIPT OF SERVICES, OR $1,000, WHICHEVER IS GREATER.
RELEASE
YOU HEREBY RELEASE AND FOREVER DISCHARGE APVA – SD, THEIR OFFICERS AND DIRECTORS, AND THEIR EMPLOYEES, AGENTS, SUCCESSORS, 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 CURRICULUM, THE SITE OR THE SERVICE. 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 SUCH STUDENTS’ USE OF THE CONTENT, THE SITE, OR THE SERVICES, REGARDLESS OF THE SPECIFIC CAUSE THEREOF.
CHOICE OF LAW AND FORUM
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, 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 Salt Lake City, Utah, 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 APVA – SD and its subsidiaries, related or affiliated companies, and their employees, contractors, officers, directors, and agents from third-party claims, liabilities, damages, judgements, losses, and expenses, including attorney’s fees, arising out of or related to: 1) Your breach of these Terms; 2) Your use or misuse of the Site; 3) Your fraud, misrepresentation, or unauthorized submission of information or documents; 4) Your violation of applicable law; or 5) Your infringement or misappropriation of any third-party rights, including APVA – SD. APVA – SD 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 APVA – SD in asserting any available defenses.
ACCESSIBILITY AND SUPPORT
If you need assistance accessing or using the Site, completing digital forms, or seeking a reasonable accommodation in connection with the Services, please contact APVA – SD using the contact information provided on the Site.