These TERMS OF USE AND SERVICE govern your (“You,” “Your”) use of IEP-Wizard  Your use of the Website indicates Your acceptance of these Terms of Use and Service and Your agreement to use the Website for lawful purposes only.  If You do not wish to accept these Terms of Use and Service, please do not use the Website.  

 

1. Overview.  IEP-Wizard is owned and operated by Kirker Innovations, LLC, an Arizona limited liability company (“We,” “Our,” “Us”).  We reserve the right to change these Terms of Use and Service from time to time at Our discretion without notice. It is Your responsibility to be aware of any changes.  Your continued use of the Website constitutes Your acceptance of any changes to these Terms of Use and Service.  The Website and Content is to be used for personal, education, and informational purposes only and shall not be used for any other purpose.  This Website provides information regarding the Services that We provide.  

2. Our Services.  IEP-Wizard is directed to parents/legal guardians seeking consultation tips on their child’s Individualized Education Program (IEP) for their child’s IEP team to consider, at the parent’s/legal guardian’s discretion.  You will upload Your child’s IEP to Us through the Website.  We will review the IEP and provide a letter delivered via email in PDF to be presented to Your child’s IEP team to consider, at Your discretion (Our “Services”).  Payment for our Services is due at the time of uploading the IEP.  We will not start working on your matter until payment has been received by Us.

3. Age Range and Location.  We provide Services for IEPs of individuals from three (3) years of age to 22 years of age.  We review and provide recommendations for IEPs from schools located anywhere in the United States, except for New Mexico, due to conflicts of interest.

4. Our Use of the IEP.  We will not share the IEP with anyone.  We will treat the IEP as confidential, and electronically delete/shred the IEP and other sensitive information upon completion of Our Services.  

5. No Legal Advice.  We do not provide legal advice.  Information or advice provided by Us through the Website, Content, or by any other method is not legal advice under any circumstances whatsoever. It is solely Your responsibility to know the legalities of the IEP process, or seek legal counsel as necessary.  We will review your IEP and offer assistance as to helping You understand the intent of the IEP and how it is going to be put into place.  We may also make recommendations to You with respect to the IEP.  These recommendations can be taken to Your school district or otherwise.  We make absolutely no representations or warranties as to whether any recommendations We do make will in fact be implemented, followed, and/or provide any desired results.  The information contained on IEP-Wizard and the Services We provide are not intended to, and do not provide, professional advice for mental health counseling; nor are they to be a substitute for professional mental health counseling, testing, or therapy.  You should not rely only upon the information contained on IEP-Wizard or the Services We provide for medical, legal, or financial decisions. You should consult a mental health professional for advice or treatment regarding any mental health concerns.

6. Privacy Policy.  We request that You review our Privacy Policy so that You understand what information We collect and how that information may be used.  The Privacy Policy is located on our Website (IEP-Wizard.com).  

7. Content.  The content located on IEP-Wizard (the “Content”) is the property of Us or Our licensors. The Content is protected by copyright, trademark, and/or other intellectual property laws where applicable. 

8. Limitations on Usage.  The Website and Content may only be used for personal, non-commercial use.  You may not use the Website or Content in any way whatsoever that would cause infringement to the rights of any person or entity.  Any Content taken from the Website that You use for personal, non-commercial use shall include a proper citation giving notice of Our ownership of the Content. 

9. Age Limitation.  In order to access and use IEP-Wizard, you must be eighteen (18) years of age or older. By using the Website, You warrant and represent that you are at least eighteen (18) years of age.  The Website is not directed towards children under thirteen (13) years of age, and the Website does not knowingly collect information from children under thirteen (13) years of age.  However, IEPs of children under the age of 13 can be reviewed by Us, with Your permission, which is granted to Us by the uploading of the IEP through the Website.  Due to this age requirement, no information obtained by Us pertaining to Your use of the Website is subject to the Children’s Online Privacy Protection Act (COPPA).

10. Limitation of Liability.  IN NO EVENT SHALL WE, OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST DATA, LOST REVENUE, LOSS OF GOODWILL, OR ANY OTHER DAMAGE ARISING FROM YOUR USE OF THE WEBSITE OR OUR SERVICES OR FOR ANY OTHER MATTER RELATING TO OUR SERVICES, THE WEBSITE, CONTENT, AND/OR THESE TERMS OF USE AND SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Warranties and Disclaimers.  YOU AGREE THAT YOUR USE OF IEP-WIZARD AND RELIANCE ON THE CONTENT IS DONE AT YOUR OWN RISK.  WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THE CONTENT IS UP-TO-DATE AND ACCURATE, THE WEBSITE AND CONTENT ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HEREBY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES RELATING TO THESE TERMS OF USE AND SERVICE, THE WEBSITE, THE CONTENT, AND OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, COMPLETENESS, VALIDITY, TIMELINESS, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY OTHER WARRANTIES IN CONNECTION WITH YOUR USE OF THE WEBSITE OR OUR SERVICES. IMAGES CONTAINED ON THE WEBSITE ARE ILLUSTRATIVE AND MAY NOT BE ACCURATE.

12. Indemnification.  You shall indemnify and hold Us and Our officers, directors, employees, and agents harmless for any losses, claims, damages, liabilities, awards, demands, penalties, or injuries, including reasonable attorney fees, incurred by any third party, arising from Your use of the Website and/or the Services, and/or any alleged breach by You of these Terms of Use and Service and/or the Services.

13. Severability.  If any term of these Terms of Use and Service is to any extent illegal, otherwise void, invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability and to the extent permitted and possible, shall be deemed replaced by a valid and enforceable term that comes closest to expressing the intention of such invalid or unenforceable term. All other terms of this Agreement shall remain in full force and effect.

14. Governing Law, Jurisdiction, and Venue. All matters relating to the interpretation, construction, application, validity, and enforcement of these Terms of Use and Service will be governed by the laws of the State of Arizona without regard to any choice or conflict of law provision or rule, whether of the State of Arizona or any other jurisdiction, that would cause the application of laws of any jurisdiction other than the State of Arizona.  You consent to the jurisdiction and venue of the appropriate state or federal court located in Arizona for the purpose of resolving any issues which may be permitted to be decided by a Court of competent jurisdiction, in accordance with the provisions of these Terms of Use and Service.

15. Third-Party Sites.  The Website may contain hyperlinks to third-party websites, all of which are provided solely for Your convenience.  We do not necessarily endorse the content contained on the third-party websites, and We make no representations or warranties whatsoever relating to these third-party websites and any information contained there.  You are encouraged to use caution when following any hyperlinks that take You away from the Website.  Any third-party websites are governed by their own policies and terms of use. If You do visit any third-party websites, You are encouraged to view those policies and terms of use.

16. Force Majeure.  We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond Our reasonable control.

17. No Business Relationship.  There is no joint venture, partnership, employment, or agency relationship created between You and Us as a result of this Agreement, You use of IEP-Wizard, and/or the Services.

18. Your Representations By Using Our Website and Services.  By agreeing to use our Services and uploading/sending Your child’s IEP, You represent that you have full legal authority to provide that document to Us.  You agree to indemnify and hold Us harmless from any lawsuits or claims relating Your unauthorized providing of the IEP or other confidential/sensitive information to Us relating to the child.  We do not verify the information provided to us for accuracy and or authenticity.  

19. Contact Information.  Should You have any questions or concerns about these Terms of Use and Service or the Services, please email us at consultation-support@iep-wizard.com, contact us through this Website.

 

Please view Privacy Policy and Disclaimer.