Date New Version Posted: 3/20/25.  Date New Version Effective: 4/20/25

Definitions

1. “Kesler Science” refers to Kesler Science, an educational publisher headquartered in Houston, Texas, DBA Kesler Science.
2. “Websites” refers to:
   1. the Kesler Science website with the domain keslerscience.com (“Home Site”) that is hosted by HubSpot and is also subject to their terms and conditions;
   2. the Kesler Science​ website with the domain lessons.keslerscience.com (“Thinkific Site”) that is operated as an account hosted by Thinkific and is also subject to their terms and conditions; and
   3. The Kesler Science curricula that is hosted on PocketLab Notebook (“Notebook Site”), a website with the domain thepocketlab.com that is hosted by Myriad Sensors Inc. and subject to their terms and conditions. 
   4. The three sites are referred to collectively as the “Websites”.

The following terms and conditions govern all use of Kesler Science Websites and all content, services, and products available at or through the Websites. The Websites are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Websites by the Kesler Science (collectively, the “Agreement”).

Please read this Agreement carefully before accessing the Websites. By accessing or using any part of the Websites, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Websites or use any of their services. If these terms and conditions are considered an offer by Kesler Science, acceptance is expressly limited to and conditioned upon these terms.

In the event that a school or district has negotiated different terms with the Kesler Science, those terms control.

Kesler Science reserves the right to modify these terms at any time. Modifications will take effect 30 days after they are posted on the Home Site.

Access to Websites.

1. Unregistered (without an account) use of the Websites is only available to individuals who are at least 13 years old.
2. Teacher Accounts: Teacher accounts on the Websites (specifically the Thinkific Site and the Notebook Site) are only available to individuals who are at least 18 years old. 
3. Student Accounts: There are no student accounts associated with the Home Site or Thinkific Site. On the Notebook Site, student accounts are created by a Teacher account and distributed to students.

Licensing.

Limited license to use products offered by Kesler Science is granted to you when:

1. You request access to a product offered for free in exchange for providing your email address and joining the Kesler Science email list. This request grants you license to download and use the offered product, subject to the printing and digital use restrictions listed below.
2. You make a one-time purchase of a product or bundle of products through a Website payment portal. This purchase grants you license to download and use the purchased product, subject to the printing and digital use restrictions listed below.
3. You make a purchase of a subscription/membership through a Website payment portal. This purchase grants you license to download and use the products included in the subscription/membership as long as the subscription/membership is kept active, subject to the printing and digital distribution limits listed below.
4. Your school/district makes a one-time purchase of a product or bundle of products through a Website payment portal and selects you as the user. This purchase grants you license to download and use the purchased product for as long as you are employed by and authorized by your school to do so, subject to the printing and digital distribution limits listed below. Schools/districts may request, in writing, that access to a school-purchased product be revoked for one user and reassigned to another.
5. Your school/district makes a purchase of a subscription/membership directly from Kesler Science by purchase order/invoice and selects you as a user. This purchase grants you license to download and use the offered product as long as the subscription/membership is kept active and you are employed by and authorized by your school to do so, subject to the printing and digital distribution limits listed below. Schools/districts may request, in writing, that access to a school-purchased subscription/membership be revoked for one user and reassigned to another.
6. Kesler Science may occasionally make some products available for free as part of special offers; license is granted to print and distribute those products subject to the printing and digital distribution limits listed below.

At no time does Kesler Science relinquish copyright of any materials, free or purchased; no products shall be repackaged or otherwise resold without express Kesler Science permission.

Number of Users.

Purchased products are only to be used by you, the licensed user, subject to the licensing above. Copying or sharing with another teacher, classroom, department, school, or school system is prohibited with the following exceptions:

1. Login holders may leave materials for substitute teachers who are teaching on their behalf.
2. Login holders may share materials with resource teachers and aides who are assisting with the instruction of the students of the Login Holder.

 Only one teacher may access the Products through a single subscription/membership login. Multiple teachers may not share a single subscription/membership login.

Payment and Renewal

By purchasing a product or subscription/membership from Kesler Science, you agree to pay Kesler Science the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications).

Subscription/membership payments made through a Website payment portal will be charged on a pre-pay basis on the day they are purchased and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.

Subscription/membership payments made by invoice/purchase order are due net 30 days. They are activated based on the date the purchase order is received and expire at the end of the purchased period of time.

Automatic Renewal.

Subscriptions/memberships purchased through a Website payment portal are subject to automatic renewal.

If you do not cancel your automatically renewing subscription/membership, you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you.

The account will become inactive if a payment is not made or is declined after three attempts.

One-time purchases through a Website payment portal and purchases made through the invoice/purchase order process are not subject to automatic renewal.

Cancellations.

If you wish to have Kesler Science cancel the automatic renewal of a subscription/membership, you must notify Kesler Science at least 2 business days before the end of the applicable subscription period. Cancellation requests must be submitted to Kesler Science in writing via email to support@keslerscience.com.

Services.

Changes. Kesler Science reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you via email.

Support. Your purchase of a product or subscription/membership includes access to email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Kesler Science to respond within two business days). All support will be provided in accordance with Kesler Science standard services practices, procedures, and policies.

Printing.

You are authorized by Kesler Science to print and/or make copies of the materials included in your free offer, purchase, or subscription/membership for personal use and/or classroom instruction for as long as your license is valid (see above). When your license expires due to the end of a subscription, membership, or school decision, the authorization to print and copy expires as well.

Kesler Science may occasionally make some products available for use by your school as part of special offers without affecting the above authorization for all other products.

Digital Use.

The Kesler Science products may not be distributed or displayed digitally outside of classroom use except as noted below, subject to having a valid license:

1. You may share purchased products through a learning management system (LMS) in which access to the products is limited to your students of record.
   
2. You may display the products digitally on a third-party platform only if the products are secured with a login or other credential that limits access to your students of record.
3. The products may be emailed to your students of record through their own email addresses or their designated parent/guardian email address.
4. The products may be uploaded to your Google Drive and shared from there solely with your students of record. The share settings must not use any settings that allow public access.
5. You may record yourself using the materials to teach, but the video may only be distributed to your students of record in a non-public manner.
6. For these limited means of digital distribution to be permitted, your license must be valid (see Licensing, above). When your license expires due to the end of a subscription, membership, or school decision, the authorization to digitally distribute expires as well. Recordings of the materials may not be re-used after the license expires.

The products must not be shared in a public website, shared directory, or open third-party educational platform. Failure to comply is a copyright infringement and a violation of the Digital Millennium Copyright Act (DMCA).

Clipart and elements found in this PDF are copyrighted and cannot be extracted and used outside of this file without permission or license.

Technical Requirements.

It is the purchaser’s responsibility to check that you are within the technical requirements of a product and the platform it is offered on before you attempt to use it.

The Kesler Science products may include files in digital format. Some of the materials are downloadable files in Word, PowerPoint, PDF, JPEG, or PNG format. Products on the Notebook Site include interactive lessons hosted on that site.

There are several products sold by Kesler Science that refer to external sites for research or simulations. Kesler Science makes no guarantees that the sites are acceptable or active at any given time. Those sites have their own policies and are not subject to these Terms. It is your responsibility to research and accept those terms.

Some materials include links to Google Forms created by Kesler Science. Kesler Science does not capture any information from the forms; teachers are required by the link to make their own copy to their own Google Drive before they can access the form for editing and distribution. Google and Google Drive have their own policies and are not subject to these Terms. It is your responsibility to research and accept those terms.

Usage of Kesler Science products and subscriptions/memberships is restricted to human interaction and engagement solely for educational purposes within elementary and middle school settings. Users are strictly forbidden from submitting any part of the digital lesson materials and content to AI technology, platforms, or intelligence for analysis, processing, or adaptation. Kesler Science retains full rights to the lesson materials and content, and any unauthorized use or distribution, including submission to AI technology, platforms, or intelligence, constitutes a violation of these terms and conditions.

User Content.

Responsibility of Contributors. The Websites will allow, in limited situations, for users to submit content to Kesler Science. If you send information via chat or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

1. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
2. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
3. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
4. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
5. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
6. the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
7. you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Kesler Science or otherwise.
8. By submitting Content to Kesler Science, you grant Kesler Science a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. If you delete Content, Kesler Science will use reasonable commercial efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Kesler Science has the right (though not the obligation) to, in Kesler Science’s sole discretion, to:

• refuse or remove any Content that, in Kesler Science’s sole opinion, violates any Kesler Science policy or is in any way harmful or objectionable, or
• terminate or deny access to and use of the Website to any individual or entity for any reason, in Kesler Science’s sole discretion. Kesler Science will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Website Visitors. Kesler Science has not reviewed, and cannot review, all of the user Content, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Kesler Science does not represent or imply that it endorses the user Content there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Users may submit content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. User content may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Kesler Science disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Responsibility of Contributors to Lessons. The Notebook Site allows teachers to create and share their own lessons for use on the Notebook platform. Any teacher who makes (or allows any third party to make) lessons is entirely responsible for the content of, and any harm resulting from, those lessons.

Data Management.

Kesler Science collects customer personal information from teachers, such as names and email addresses, during registration, purchasing, and use of the Help/Support functions of the Websites. 

Kesler Science does not collect personal information from students on the Home Site or Thinkific Site. Kesler Science collects student names on the Notebook Site only if the teacher uses student names when creating student accounts.

Kesler Science may also collect data from third-party website analysis providers.

Kesler Science may share user information with vendors and platforms used to service accounts, subject to their privacy policies.

Kesler Science does not sell any personal information or data collected from website analysis.

Kesler Science may disclose your personal information as required by law, in support of a disputed transaction, or if you violate the Terms of Service.

If you are a user of a school-purchased product, Kesler Science will share information about your use of that account with the school.

Users may request deletion of personal information not used to manage their account by contacting support@keslerscience.com.

Communication.

If you make a purchase or enroll in the Kesler Science mailing list, Kesler Science may send emails about the Website and related products, subscription/membership renewals, and general information useful to teachers.

Kesler Science may also use your email to survey you about your usage or collect your opinion.

If you no longer wish to receive emails that do not pertain to managing your account, you may click the unsubscribe link found at the bottom of each email. You may also email support@keslerscience.com to request removal of your name from the mailing list. Kesler Science may still contact you about your account and other information particular to you.

Disclaimers.

Disclaimer of Warranties. The Websites are provided “as is”. Kesler Science and its officers, directors, employees, owners, members, suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Kesler Science nor its suppliers and licensors, makes any warranty, either express or implied, that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk and that Kesler Science is not responsible for any data corruption, technical difficulties, or interruptions.

Limitation of Liability. In no event will Kesler Science or its officers, directors, employees, owners, members, suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: any special, incidental or consequential damages; the cost of procurement for substitute products or services; for interruption of use or loss or corruption of data; or for any amounts that exceed the fees paid by you to Kesler Science under this agreement during the twelve (12) month period prior to the cause of action. Kesler Science shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Kesler Science terms, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. To the extent of the applicable law, you agree to indemnify and hold harmless Kesler Science, its contractors, and its licensors, and their respective directors, officers, members, employees, and agents from and against any and all claims and expenses brought by third parties, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous. This Agreement, in addition to the agreements and polices referenced herein, constitute the entire agreement between Kesler Science and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Kesler Science, or by the posting by Kesler Science of a revised version hereof. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Harris County, Texas. Except for claims for injunctive relief or claims regarding intellectual property rights (which may be brought in any competent court having personal and subject matter jurisdiction), any dispute arising under this Agreement shall be first submitted in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) to an arbitrator appointed in accordance with such Rules. The arbitration shall take place in Harris County, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If a lawsuit is commenced in violation of this provision, such suit shall be abated in full pending the outcome of the arbitration. If any part of this Agreement is held invalid or unenforceable, the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Kesler Science may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.